HomeMy Public PortalAbout20040526 - Agendas Packet - Board of Directors (BOD) - 04-12 Regional Open Sp- --e
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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
CELEBRATING 30 YEARS OF OPEN SPACE PRESERVATION
Meeting 04-12
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
6:30 p.m.
Wednesday, May 26, 2004
330 Distel Circle
Los Altos, California
AGENDA*
Please Note: 6:30 p.m. Closed Session Special Meeting Start Time
7:30 p.m. Regular Meeting Start Time
6:30 ROLL CALL
SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT—CLOSED SESSION
The Closed Session will begin at 6:30 p.m. At the conclusion of the Closed Session,the Board will adjourn
the Special Meeting Closed Session to the Regular Meeting, and, at the conclusion of the Regular Meeting,
the Board may reconvene the Special Meeting Closed Session.
1. Conference with Real Property Negotiator—Government Code Section 54956.8
Real Property—San Mateo County Assessor's Parcel Number 080-221-030
Agency Negotiator—Mike Williams, Real Property Manager
Negotiating Party—Gwen Hein, Owner
2. Conference with Legal Counsel—Anticipated Litigation
Significant exposure to litigation pursuant to Government Code Section 54956.9(b)(two cases)
7:30* REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL
OPEN SPACE DISTRICT
ORAL COMMUNICATIONS—Public
ADOPTION OF AGENDA—L. Hassett
ADOPTION OF CONSENT CALENDAR—L. Hassett
ADOPTION OF MINUTES
0 February 11, 2004
* February 26, 2004
BOARD BUSINESS
7:40* 1 Adopt Resolutions for Completion of the Conditions of San Mateo Local Agency Formation
Commission Approval of the Coastside Protection Program; Adopt Attached Resolution
Establishing a Plan for Amending the District's Good Neighbor Policy; Adopt Attached Resolution
Establishing a Plan for Appointment of an Ombudsperson; Adopt Attached Resolution Establishing
a Plan for Hiring or Contracting with an Individual or Organization with Agricultural Management
33o Distel Circle 650-6g7-1200 info@openspace.org BOARD OF DIRECTORS:Pete Siemens,mory Davey,Jed Cyr, GENERAL MANAGER:
Los Altos CA 94022-1404 650-6gi-0485 fax www.openspace.org Deane Little,Nonette Honko,Larry Hassett,Kenneth C.Nitz L.Craig Britton
Meeting 04-12 Page 2
Expertise; Adopt Attached Resolution Amending the District's Rules of Procedure to Include
Section 1.13 to Provide for Public Meetings in the Coastside Protection Area—C. Woodbury
8:00* 2 Agreement with Santa Clara County Fire Department to Conduct a Prescribed Bum on the Rancho
de Guadalupe Area of Sierra Azul Open Space Preserve; Determine Recommended Actions are
Categorically Exempt under CEQA; Authorize General Manager to Execute the Attached Permit to
Enter for the Purpose of Allowing the Santa Clara County Fire Department to Conduct a Controlled
Bum for Training Purposes, at the Rancho de Guadalupe Area of Sierra Azul Open Space Preserve,
and to Enter Other Areas as Specified for Related Training Not Involving Live Fire—G. Baillie
8:15 3 Authorization to Contract with EDAW, Inc.to Provide Master Planning Services at Sierra Azul and
Bear Creek Redwoods Open Space Preserves and Authorization to Contract with Design,
Community and Environment, Inc. ("DC&E")to Provide Master Planning Services at La Honda
Creek Open Space Preserve; Authorize General Manager to contract with EDAW,Inc. in an
Amount Not to Exceed $170,000 to Provide Master Planning Services at Sierra Azul and Bear
Creek Redwoods Open Space Preserves; Authorize General Manager to Contract with DC&E in an
Amount Not to Exceed $100,000 to Provide Master Planning Services at La Honda Creek Open
Space Preserve—C. Woodbury
8:25* 4 Proposed Second Amendment to Purchase Agreement-Bargain Sale and Approval of Santa Clara
County Funding Agreement for the Former Lobner Property Addition to Monte Bello Open Space
Preserve; Determine Recommended Actions are Categorically Exempt from CEQA; Adopt Attached
Resolution Authorizing Execution of Second Amendment to Purchase Agreement-Bargain Sale;
Adopt Attached Resolution Authorizing Execution of the Funding Agreement with County of Santa
Clara Towards the Purchase of the Former Lobner Property Including Conveyance of an Open
Space Easement Over the Former Lobner Property to the County; Indicate Your Intention to
Dedicate the Property as Public Open Space, Which Supersedes Your Decision of 3/14/01 —M.
Williams
8:35* 5 Authorize the General Manager to Enter Into a Contract Agreement for the Redesign of the
District's Web Site with Yellowduckdesign, Inc., a San Francisco-Based Firm with Expertise in
Web Graphic Design and Technical Programming, in an Amount Not to Exceed$28,000—M.
Jesperson
6 Cancel the June 9, 2004 Regular Meeting of the Board of Directors; Approve Cancellation of the
June 9,2004 Regular Meeting of the Board of Directors—C. Britton
7 Approval of Notice of Completion of Contract for Removal of Lead-Based Paint and Repainting
Four Buildings at Skyline Ridge Open Space Preserve; Authorize the General Manager to Execute
Notice of Completion and Acceptance of Work for the Lead-Based Paint Stabilization and Painting
of Existing Shop Building, Stable Building and Two Out Buildings at Skyline Field Office at
Skyline Ridge Open Space Preserve—S. Welaratna
INFORMATIONAL REPORTS—Brief reports or announcements concerning pertinent activities of District
Directors and Staff.
REVISED CLAIMS
ADJOURNMENT
Times are estimated and items may appear earlier or later than listed Agenda is subject to change of order.
TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time each item is considered
Meeting 04-12 Page 3
by the Board of Directors. You may address the Board concerning other matters during Oral Communications. Each
speaker will ordinarily be limited to three minutes. Alternately,you may comment to the Board by a written
communication, which the Board appreciates.
All items on the consent calendar may be approved without discussion by one motion. Board members, the General
Manager, and members of the public may request that an item be removed from the Consent Calendar during
consideration of the Consent Calendar.
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT,IF YOU NEED ASSISTANCE TO
PARTICIPATE IN THIS MEETING,PLEASE CONTACT THE DISTRICT CLERK AT(650)691-1200.
NOTIFICATION 48 HOURS PRIOR TO THE MEETING WILL ENABLE THE DISTRICT TO MAKE
REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING.
Regional Open Sp -,L-e
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
CELEBRATING 30 YEARS OF OPEN SPACE PRESERVATION
SPECIAL MEETING
ADMINISTRATION AND BUDGET COMMITTEE
AGENDA
12:30 p.m. Jed Cyr, Chair
Wednesday Larry Hassett
May 26, 2004 Ken Nitz
12:30* ROLL CALL
ADOPTION OF AGENDA
12:35* COMMITTEE BUSINESS
1. Proposed Response to State Budget Cuts and the Reduction in Property Tax
Income
2. Information Items
2:00* ADJOURNMENT
* Times are estimated and items may appear earlier or later than listed Agenda is subject to change of order.
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT,IF YOU NEED ASSISTANCE TO PARTICIPATE IN
THIS MEETING,PLEASE CONTACT THE DISTRICT CLERK AT(650)691-1200. NOTIFICATION 48 HOURS PRIOR TO
THE MEETING WILL ENABLE THE DISTRICT TO MAKE REASONABLE ARRANGEMENTS TO ENSURE
ACCESSIBILITY TO THIS MEETING.
33o Distel Circle 650-691-1200 info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER:
Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Deane Little,Nonette Hanko,Larry Hossett,Kenneth C Nitz L.Craig Britton
Regional Open ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 04-04
SPECIAL AND REGULAR MEETINGS
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Wednesday, February 11, 2004
MINUTES
SPECIAL MEETING
I. ROLL CALL -- President Mary Davey called the meeting to order at 6:35 p.m.
Members Present: Jed Cyr, Nonette Hanko, Larry Hassett, Deane Little (arrived 6:45
p.m.), Ken Nitz, Pete Siemens (arrived 6:39 p.m.), and Mary Davey
Members Absent: None
Staff Present: Craig Britton, Sue Schectman, Rudy Jurgensen, Cathy Woodbury,
Sally Thielfoldt, Mike Williams
I1. CLOSED SESSION
At 6:35 p.m., M. Davey stated that the Board would adjourn to Closed Session to discuss
Closed Session Agenda Items 1 and 2.
The Board recessed to Closed Session at 6:35 p.m., and the Closed Session commenced at
6:35 p.m. The Board concluded the Closed Session at 7:27 p.m.
REGULAR MEETING
M. Davey called the Regular Meeting to order at 7:30 p.m. She announced that the Board
had discussed Closed Session Agenda Items 1 and 2 in Closed Session and that no reportable
actions had taken place.
Additional Staff Present: none
III. ORAL COMMUNICATIONS
Susan Gold, from the Portola Trails and Paths Committee, spoke on behalf of Dick Anderson
who had been diagnosed with a serious illness. Mr. Anderson has an abiding interest in the
mid level trail at Windy Hill. She asked the District to arrange for him to spend time with
trail planners and walk with trail designers. This would give him a chance to contribute at the
beginning of the process.
330 Distel Circle • Los Altos, CA 94022-1404 + Phone: 650-691-1200
Fax: 650-691-0485 • E-mail: mrosd@openspace.org • Web site:www.openspice.org �' GF EEsr
Hwal of Directors:Pete Siemens,Mary C. Davey,led Cyr, Deane Little, Nonette Hanko, Larry Hassett,Kenneth C. Nitz • General Manager:L.Craig Britten
Meeting g 04-04 Page 2
IV. ADOPTION OF AGENDA
Motion: J. Cyr moved that the Board adopt the agenda. P. Siemens seconded and the
motion passed 7 to 0.
V. INTRODUCTION
C. Britton announced the appointment of S. Thielfoldt as Assistant General Manager. S.
Thielfoldt talked about earlier hikes at Rancho and Picchetti. She said she is so proud of staff
and the highly committed Board. She felt honored to be able to contribute.
C. Britton talked about the dynamic application process, noting that there were three finalists.
He talked about why he had arrived at the decision and on division of duties for the position.
VI. ADOPTION OF CONSENT CALENDAR
L. Hassett and J. Cyr removed Agenda Item 4, Authorize the General Manager to Enter Into
a Four-Year Lease with Lanier Corporation for Two Copier Machines in an Amount Not to
Exceed $65 474.40.
J. Cyr asked about the Meadow trail mentioned in the draft response to a letter from James
and Sarah Fries. J. Maciel clarified the location of the trail. K. Nitz suggested putting in the
name of the preserve.
Staff
answered questions regarding ardin claims as follows: 7221 (container of unknown substance
was treated as a hazard
ous material).
Motion: J. Cyr moved that the Board adopt the Consent Calendar, including minutes of
the December 10, 2003 Special and Regular Meetings; the January 14, 2004
Special and Regular Meetings; and the draft response to a letter from James
and Sarah Fries, as amended; Agenda Item 2, Adopt Resolutions Designating
the District's Authorized Signatories for District General and Payroll Checking
Accounts with Mid-Peninsula Bank and Adopt Resolution Establishing
Financial Instrument Signatories for Santa Clara County Accounts; Adopt the
Attached Resolution of the Board of Directors of the Midpeninsula Regional
Open Space District Establishing Signatories for General Checking Account
(Mid-Peninsula Bank); Adopt the Attached Resolution of the Board of
Directors of the Midpeninsula Regional Open Space District Establishing
Signatories for Payroll Checking Account (Mid-Peninsula Bank); Adopt the
Attached Resolution of the Board of Directors Authorizing Telephone
Withdrawals Deposits and Wire Transfers (Mid-Peninsula Bank); Adopt the
Attached Resolution of the Board of Directors of the Midpeninsula Regional
Open Space District Establishing Financial Instrument Signatories for Santa
Clara County Accounts; Agenda Item 3, Authorization to Purchase Two
I
Meeting g 04-04 Page 3
Patrol Vehicles at a Total Cost Not to Exceed $60 000• Authorize the General
Manager to Execute a Purchase Contract with the State Department of General
Services and Folsom Lake Ford for Two Patrol Vehicles at a Total Cost Not to
Exceed $60,000; Agenda Item 5, Approval of Adoption of Resolution to
Amend Section 1.81 of the District's Rules of Procedure Regarding Updating
the Titles of the Standing Committees of the Board.; and Revised Claims 04-
01. L. Hassett seconded the motion. The motion passed 7 to 0. N. Hanko
abstained on Claim #7230.
VII. BOARD BUSINESS
A. Agenda Item No. I — Proposed Acceptance of Gift of Peninsula Open Space Trust
Property (Former McKannav Property) as an Addition to the Mt. Umunhum Area of
Sierra Azul Open Space Preserve (Santa Clara County Assessors Parcel Numbers 562-
24-001 -005 -006 -010 -069 and 562-25-027 and -038• Determine that the
Recommended Actions are Categorically Exempt from the California Environmental
Quality Act (CEQA) As Set Out in this Report; Adopt the Attached Resolution
Authorizing Acceptance of the Gift of the 33.85-Acre Peninsula Open Space Trust
Property; Tentatively Adopt the Preliminary Use and Management Plan
Recommendations Contained in this Report and Naming the Property as an Addition
to Mt. Umunhum Area of Sierra Azul Open Space Preserve; Indicate Your Intention to
Withhold the Property from Dedication as Public Open Space at this Time — (Report
R-04-19).
M. Williams talked about the history project of the ro'ect and showed slides of the area. He
said the studies had found no trace of mercury. The mining experts also checked the
records in Sacramento. He said there are fish in the creek, and silt has not been a
problem with the road.
Motion: K. Nitz moved that the Board determine that the recommended actions
are categorically exempt from the California Environmental Quality
Act (CEQA) as set out in the staff report; adopt Resolution No. 04-04,
Resolution of the Board of Directors of the Midpeninsula Regional
Open Space District Authorizing Acceptance of the Gift of the 33.85
Acre Peninsula Open Space Trust Property; tentatively adopt the
Preliminary Use and Management Plan recommendations contained in
the staff report and naming the property as an addition to Mt.
Umunhum Area of Sierra Azul Open Space Preserve; and indicate their
intention to withhold the property from dedication public open space at
this time. P. Siemens seconded the motion. The motion passed 7 to 0.
B. Agenda Item No. 4 - Authorize the General Manager to Enter Into a Four-Year Lease
with Lanier Corporation for Two Copier Machines in an Amount Not to Exceed
$65,474.40—(Report R-04-25).
i
Meeting 04-04 Page 4 I
L. Hassett had concerns regarding the cost and asked if they needed two machines of
that size. S. Thielfoldt said the use is extensive. C. Britton agreed that the volume of
use is tremendous, and said he thought it was amazing that they were getting more
features for less money.
L. Hassett said toner cartridges are a substantial cost.
J. Cyr said where he had worked there was a comparable number of staff. He talked
about his experience there. He asked that staff find out the cost per copy.
D. Little said he would like to know what cartridge costs are for Lanier and their
competitor.
Motion: K. Nitz moved that the Board authorize the General Manager to enter
into a four-year lease with the Lanier Corporation for two new copy
machines for the Administrative office. P. Siemens seconded the
motion.
Motion Withdrawn: K. Nitz and P. Siemens withdrew the motion.
Motion: K. Nitz moved that the item be continued to the meeting of February
25, with staff providing information on cost per copy and cartridge
costs. P. Siemens seconded the motion. The motion passed 7 to 0.
VIII. INFORMATIONAL REPORTS
J. Cyr: 1. He pointed out an article in the Rails to Trails magazine about the war on weeds.
He asked that it be passed along to C. Roessler. 2. He hiked Uvas Canyon and said the
waterfalls were magnificent.
L. Hassett talked about his contact with Dick Anderson and encouraged the District to see
what they can do to work with him as expressed by Susan Gold. He said Mr. Anderson has
had a hug p on e impact preserving the environment. C. Britton said the Mid-Level Trail is not
p g
in the District's Use and Management Plan, but still will be sure to hike the trail area with Mr.
Anderson. 2. He attended the dinner tribute to Byron Sher.
i
M. Davey: 1. She talked about the Sher dinner. 2. She praised the staff work for LAFCo
presentations.
D. Little: 1. He said there is a riot of wildlife on the trails, including deer, bobcat, and
salamanders. 2. He followed up on his observation regarding grading practices on trails done
last spring. Star thistle seedlings are all along the Bella Vista trail. Grading work done later
in the firebreak does not have star thistle.
K. Nitz: 1. He talked about a 25x8 foot landslide at Pulgas. He said Tim Best looked at it
and asked if he knew about such landslides. 2. He referred to the memo about removal of
I
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Meeting 04-04 Page 5
trees at Windy Hill. He said there are other smaller eucalyptus trees by Sausal Pond and
asked if they would be removed. J. Maciel said the scope of removal is for the deck only.
N. Hanko: 1. She enjoyed the Byron Sher event too. 2. John Lynch gave out a list of names
of those who had signed the petition in favor of the District. Staff will put that list in the
FYIs. 3. March 9 is the next LAFCo hearing.
C. Britton: 1. The FYIs included an announcement of the 101/84-corridor study; and a letter
to the Chair of the Sen. Local Government Committee regarding AB 1195. 2. The weed
workshop will be March 6. C. Roessler is one of the presenters. 3. The bond measure
closed, and the District received the money. 4. He had passed out a memo regarding hits on
the Web site. 5. He met with Lisa Killough, and she said Santa Clara County Parks
Commission has a new member, Kris Wong, who replaced Patti Ciesla. 6. District staff
offered to make a presentation to the Parks Department on the Coastal Protection Program.
Instead, they asked if staff can make a presentation on the ECDM plan. He will be following
up with them. 7. On April 17, there will be a Ridge Trail dedication on the County side of
Hicks Road. 9. April 24 is the dedication of a trail section on Rancho Canada del Oro. 10.
There will be a celebration at the bay tree at Rancho; a dedication of the Achistaca Trail
which will connect the Ridge Trail to the Skyline to the Sea Trail; and an open house at the
shop building when it is completed. 11. On the evening of the February 18, the District will
be on the Atherton City Council agenda asking for a resolution supporting the Coastal
Protection Program. 12. February 25 is the State of the District event. 13. He had been
asked to participate in a group looking at how to raise money to restore the Cargill salt ponds
in San Jose. The think the cost could be u to $1 billion. 14. He had met with Save the Ba
Y P y
about how they will fund other projects along the Bay.
IX. ADJOURNMENT
i
At 8:34 p.m., the meeting was adjourned.
Roberta Wolfe
Recording Secretary
i
i
Regional Open Spine
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
CELEBRATING 30 YEARS OF OPEN SPACE PRESERVATION
TO: Board of Directors
FROM: L. Craig Britton, General Manager
DATE: May 20, 2004
RE: FYI's
33o Distel Circle 650-6gi-12oo info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER:
Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz L.Craig Britton
[Sample letter informing bayland neighbors of predator control activities and wildlife protection.]
February 4, 2003
Dear Mayhew's Landing Neighbor,
In the past couple of years, we have written to you asking for your cooperation in
protecting wildlife in the Mayhew's Landing portion of the Don Edwards San Francisco
Bay National Wildlife Refuge near your home. This 80 acres of open space was acquired
by the Refuge in 1995 because it provides important habitat for migratory birds and the
endangered salt marsh harvest mouse. Since becoming part of the Refuge, Mayhew's
Landing has also been colonized by another endangered species: the California clapper
rail, found only in San Francisco Bay marshlands.
Domestic animals, feral cats and other predators continue to pose considerable
danger to the well-being of these species on the Refuge. Though we have removed a
number of cats, we continue to see cats prowling Mayhew's Landing. Winter is a
particularly vulnerable time for ground dwelling endangered species because high tides
push them into the marsh edges where predators hunt.
Please help us by keeping your cats and all other pets indoors. Make sure to collar
your pet, so that if it does escape, your pet can be returned to you if it is found. Please
report any stray animals that you see on the Refuge to our office at 510-792-0222.You can
also protect wildlife by not feeding pets outdoors, and by securing garbage so that animals
cannot get into it. Food attracts predators such as raccoons and skunks, which can reach
unnaturally high population levels around urban areas.
We will continue live-trapping and removing cats found roaming on Mayhew's
Landing, as well as other predators that are determined to be a threat, in order to fulfill our
mandate to protect and enhance populations of endangered species and migratory birds.
Cats will be taken to the Tri-City Animal Shelter located on 1950 Stevenson Blvd.
(510/790-6630). These activities will be conducted in a humane manner, and in
conformance with our approved Predator Management Plan and Environmental
Assessment. This Plan focuses on selective removal of predators that threaten endangered
species and migratory birds. It has been utilized in other parts of the Refuge, where we
have documented an increase in clapper rails and other species of wildlife once they were
protected from unnaturally high levels of predation.
Please visit the Refuge Visitor Center to learn more about the Refuge's wildlife and
our programs. Also, please feel free to contact me or one of the biologists on our staff at
510/792-0222 if you have questions.
Sincerely,
Clyde Morris
Refuge Manager
oar�Qo�r��ED M ED o oo1E] M o
Because indoor cats may slip our an open door, it's The HSUS is the nation's largest animal protection
important to keep in mind the other essentials of ♦ organization with more than 5.7 million members Keeping Cats Indoors
responsible pet ownership: and constituents.AHA,founded in 1877,is a nation-
Spay or neuter your kitten as early as eight weeks al network of individuals and organizations working Isn't Just For The Birds!
of age; to protect animals and children.ABC is dedicated to
the conservation of wild birds and their habitats
Provide routine veterinary care,including annual 00 through partnerships throughout the Americas.We
check-ups and vaccinations; invite other groups and individuals to join us.
contact. �' t
Put an identification rag on your cat's collar—it's For more information, i-+ ^,•, ,
her ticket home if she slips out;and Cats Indoors.The Campaign for Safer Birds and Cats =
More for the Buds American Bird Conservancy
I
Where such programs exist,license your cat.
Support efforts in your community to protect wildlife 1250 24th Street NW,Suite 400
and their habitats.All wild animals have three basic Washington,DC 20037n
For the Sake of All Cats... needs: food, water and plants that provide escape Phone:202-778-9666
Support local cat control and protection plans; cover and nesting sites.If you feed birds in your yard, Fax:202-778-9778
Support legislation requiring cat owners to reg- locate feeders away from windows and brushy vegeta- E-Mail:abc@abcbirds.org I'
ister their cars and prevent them from roaming; tion that permits neighborhood cats to hide. Keep
P g your feeders clean and well stocked.Where possible, The Humane Society of the United States
Do not feed unowned or free-ranging cats with- establish a brush pile for wildlife away from feeders. 2100 L Street NW `
g g P y
out making a commitment to giving or finding Avoid using pesticides. Washington,DC 20037
them a permanent indoor home;and Phone:202-452-1100
Take cats for whom you cannot care to your local
animal shelter to give them the best possible American Humane Association i `•
adoption into loving,lifelong homes.
63 Inverness Drive East
chance of ado
P g g Englewood,CO 80112
Phone:303-792-9900
CATS INDOORS! Cats Indoors!The Campaign for Safer Birds and Cars is I I
made possible in parr by the generous support of the
Tmi CAMPAIGN FOR SAFER BIRDS&CATS Geraldine R. Dodge Foundation, Endangered Species
Recovery Council, The Panaphil Foundation and
Cats cannot be blamed for killing wildlife. It is the Frances V.R.SeebeTrust.Bird Images by Alan Hopkins.
responsibility of cat owners to ensure chat their cats
F; are safely indoors.The Humane Society of the United
States (HSUS), American Humane Association
t (AHA),and other groups are working with American
Bird Conservancy (ABC) on "Cats Indoors! The
Campaign for Safer Birds and Cats."Through this
campaign,we will educate and encourage cat owners 2 Al J
to protect cats, birds and other wildlife by keeping AMERICAN N:--AxtERICAN
cats indoors. -rHUMANE �� BIRO 1�$'r CATS INDOORS!
ASSOCIATION CONSERVANCY ���(�Tin C/n'%VMGGN MRSS,urx Buffos&C.+Ts
oaoQoonaoQo�o naor�o�oQ000
Human Cruelty-Each year,animal shelters and Truths about Cats and Birds
Each year, millions of cats are run over by cars, veterinarians treat cars who have been shot, 4F We all know that cats don't have nine lives,but thet
mauled by dogs,poisoned and lost.Hundreds of mil- stabbed, or set on fire. Unsupervised cats may are three other myths about car predation wed like t
lions of birds and small mammals are killed annually also be captured and sold to research laboratories dispel.
by free-roaming cats.The suffering of both cats and or used as"bait"to train fighting dogs. ?'
birds is all the more tragic because it is so unnecessary. 1."Belled" cats do kill wildlife. Cats with bells o
Overpopulation - Unaltered free-roaming cats their collars can learn to stalk their prey silentl:
Today's cat owners face an important decision: are the single most important cause of cat over- Even if they don't,wild animals do not necessaril
"Should[keep my cat indoors?"For your cat's sake, population. As a result, millions of cats for associate the ringing of a bell with danger.
and that of the birds and other wildlife in your neigh- whom there are no homes must be euthanized
borhood,the answer to that question must be"yes!" each year. 2.Even well-fed cars kill wildlife.The urge to hur
and the urge to eat are controlled by different pa
Keeping Cats Indoors is for the Cats... Disease-Cats allowed outdoors risk exposure to tions of the cat's brain.
fatal diseases, including rabies, feline leukemia, Piping Plover,Western Snowy Plover and California 3 Once caught b a cat,few birds survive,even if the
The average ears expectancy of an outdoor cat is just distemper, and feline immunodeficiency virus Gnatcatcher. g y
two co five years,while an indoor cat may survive for (FIV). Vaccines are not 100 percent effective; appear to have escaped. Infccrion from the car
17 or more years. Cats who roam are constantly in there is no vaccine at this time for percent
Regardless of the status of the species,each wild animal teeth or claws or the stress of capture usually result
danger... FIVsuffers when captured by a cat.By letting our cars out- in death.
Parasites-Cats allowed outdoors are more likely side,we—perhaps without intent—place a higher
Cars-Millions of cats are run over by cars each to contract debilitating parasites such as worms, value on the freedom of our pet than on the life of that Tips for floppy Indoor Cats
year. Seeking warmth, outdoor cats crawl into ticks,mites,and fleas. cardinal,that chickadee or that chipmunk she kills.
car engines and are killed or maimed when the Kittens who are kept indoors usually show no desir
car is restarted. Motorists risk accidents in Poisons and Traps - Exposure to pesticides, to venture outside as cats.With knowledge,patience
f rodenticides and antifreeze poisons and kills "Is it Nature's Way for Cats to
attempting to avoid hitting Free-roaming cats. P and time, we can change most cats who roam our
thousands of outdoor cats each vear. Cats are Kill Birds?" doors into happy indoor pets.These tips will help.
Animal Attacks - Torn ears, scratched eyes, maimed and killed in traps set for Furbearing A descendant of the wild cat of Africa and southwest-
abscesses, internal injuries, diseases, and some- animals. ern Asia, the domestic cat instinctively hunts and Provide a safe, outside enclosure, such as
times death result from encounters with dogs, screened porch.
other cats,and wild animals like raccoons,cov- ...And for the Birds captures prey. However, wildlife in the Western
ores and foxes. Hemisphere did not evolve in the presence of a small, Provide window shelves to permit cats to mon
Today,birds and other wildlife face more obstacles to abundant predator like the domestic cat,and thus did for the outdoors from the safety of the indoors
their survival than ever before.Wildlife habitats are not develop defenses against them. Cats were intro- Play with your cat each day.Paper bags and cart
destroyed and degraded every day,and many species duced in North America by European immigrants
are declining as a result. Even the impacts of natural board boxes are sources of unending deligf
a P only a few hundred years ago. when you are away.
predators on their prey is changing based on how
While cats may instinctively hunt wildlife,it is clear
humans are altering natural environments. And the Plant kitty grass (available from pet suppl
_ that they are not adapted to life in the wild as are our
presence of an unnatural predator—the domestic cat stores)in indoor pots so your cat can graze.
—is having an impact as well. native wild cats like the bobcat and mountain lion.
'.�" Outdoor domestic car populations are most com- Clean litter boxes regularly.
ar Scientists estimate that cats kill hundreds of millions monly found in and around human settlements;most
", of birds each year and three times as many small do not survive without direct or indirect support by
mammals. Most birds killed by cats are members of humans. They are in this way very different from
relatively common species, like the Northern native predators.
Cardinal,Song Sparrow and Dark-eyed Junco;others
- ^ are rare and endangered
--the California
�Least
7Tern,
��QL����L.�OL=1�u0 c — ■f.=_J�O�L.=J�l—.J00��■ — i
I�
I1
I
�I
Regional Open Space
April 1, 2004
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
CELEBRATING 30 YEARS OF OPEN SPACE PRESERVATION
Steve Ellen
KMA Secretary
Kings Mountain Association
13883 Skyline Blvd.
Woodside, CA 94062
Hi Steve,
Thank you for taking the time to write separate thank you letters to each of our staff for
their presentations at your March I lth meeting of the Kings Mountain Association.
They really appreciated your thoughtfulness, as I did. I also appreciated your complimentary
comments about our staff, and do agree with you; we have a highly professional group of people
working for the District.
I was really pleased to be able to attend that evening, because I was able to hear, directly from
your members,their questions and comments. I look forward to reading about the meeting in the
Echo.'
We had also talked about sending the Kings Mountain Association our bi-weekly agendas. I am
enclosing the agenda from our March 24`h meeting. I wish I could send them continually, free-
of-charge, but as a public agency, we must be careful to treat all constituents equally, and we
have an agenda subscription policy which shows the cost recovery we charge any interested
parties to receive full or partial agenda packets. As a reminder, in lieu of paying for a mailed out
version,you can access our agendas on our Web Page any time, www.openspace.org.
Steve, I look forward to ongoing dialogue and a very positive relationship with the KMA and
your membership. We are committed to enhancing our relationships with our neighbors, and
doing everything we can to work together for the benefit of preserving open space and reducing
any negative impact preserve users have on our preserve neighbors. Please call me if you have
any questions or comments.
Thank you also for the tremendous hospitality shown to all of us at the meeting. It was warm
and genuine, and spoke well for your organization.
Sincerely, `
Sally Y- ielfoldt
Asst. General Manager
I
Encl.: March 24, 2004 Agenda
Agenda Subscriptions
33o Distel Circle 650-69i-1200 info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER:
Los Altos CA 94022-1404 650-6gi-0495 fax www.openspace.org Deane Little,Nonette Hanko,Larry Hossett,Kenneth C.Nitz L.Craig Britton
IECEI ED
MAR 22 2004
14IDPENINSULA REGIONAL OPEN
KINGS MOUNTAIN ASSOCIATION
13883 SKYLINE BOULEVARD, WOODSIDE, CALIFORNIA 94062
Betsy Rix,President voice:851-5078 email: rixes@aol.com
March 19, 2004
To: Sally Thielfoldt, Assistant General Manager
Midpeninsula Regional Open Space District
Dear Sally,
This note is to thank you for your March 1 lth visit to the Kings Mountain
Community Center. I appreciate your time and effort in attending. I believe it was
important that you were there, and I have included this fact in my brief write-up of the
event.
Twenty-eight people attended the meeting. This was not as many as we had hoped
but enough to spread the word within the community. For those who could not attend, we
will use our monthly newsletter, the Echo, to pass along your suggestion that people call
with any further questions or problems. We also will have two write-ups in the Echo, one
by me as part of the KMA minutes, and a more complete note devoted to this meeting by
Jack Rix.
I was very impressed by the quality of your staff in all respects. The entire
evening was full of good, factual communication by well-informed, bright, and
personable people.
Please don't hesitate to contact us (at the phone or email address above) if you see
ways in which KMA could help in your efforts at stewardship.
Thanks again, and best wishes,
Steve Ellen
KMA secretary
News Release
Windy Hill RECEIVED
MAY 0 4 2004
Editor contact: Phone: 650-851-7048, E-mail: info@windyhillpublications.c ENINSULA REGIONAL OPEN
SPACE DISTRICT
Coastside:
Exploring the Ocean Side of the San Francisco Peninsula
Souvenir and guide to our local "national treasure."
MENLO PARK, California. May 14, 2004 - Coastside: Exploring the Ocean Side of the San
Francisco Peninsula, a pictorial guide to the rural San Mateo coastline was published today
by Windy Hill Publications. With 80 color photographs and full accompanying text, at just
$9.95 the guide offers an inexpensive but attractive souvenir of this remarkable region for
visitors, tourists, and residents.
The San Mateo Coast is an important local source of produce and flowers, and its
mountains and beaches provide easily accessible recreation for the Bay Area's burgeoning
population. National, regional,and local conservation organizations are cooperating to
preserve this unique landscape from inappropriate development and sprawl.
According to Mary Davey, President of the Midpeninsula Regional Open Space District,
"This beautiful tribute to the Coastside celebrates the spectacular agricultural, recreational,
and natural resources that the District hopes to help preserve for future generations."
"The San Mateo Coast is a national treasure. It is the only remaining rural accessible
coastline within a major metropolitan area to be found anywhere on earth," said Audrey Rust,
President of the Peninsula Open Space Trust. "This guide beautifully illustrates the
extraordinary natural and recreational resources that POST is working to protect through our
Saving the Endangered Coast campaign."
Author and photographer David A. Laws has written about Western destinations for the San
Francisco Chronicle, the San Jose Mercury News, and other publications. He is a member of
Bay Area Travel Writers, Inc. (BATW).
Published by Windy Hill Publications of Menlo Park, California, Coastside: Exploring the
Ocean Side of the San Francisco Peninsula(ISBN 0-9723874-2-0 $9.95) is available from
Bay Book Company and Coastside Books both of Half Moon Bay, Books Inc. of Mountain
View and Stanford, Keplers of Menlo Park, Barnes and Noble,and other fine bookstores. It
can also be purchased from the Los Altos History Museum,the San Mateo County History
Museum, Language Quest Travel Bookstore of Los Altos, and on-line from Amazon.com.
# # #
Publisher of Western destination souvenir and travel guides
Windy Hill Publications, P.O. Box 7215, Menlo Park, CA 94026
Phone/Fax:650-851-7048 E-mail:info@windyhillpublications.com
www.windyhillpublications.com
I
Regional Open c ce
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
, I
May 26, 2004
Mr. Alexander Brawner
Box 8120
501 Portola Road
Portola Valley,CA 94028
I
Dear Mr. Brawner:
We have received your letter dated May 12,2004. Unfortunately we did not receive your correspondence
in time to present it to the Board of Directors at their regular meeting of May 26,2004. The next regular
meeting of June 9, 2004 has been cancelled;therefore,the Board will consider your letter on behalf of
Sequoia Resident's Council at the next scheduled meeting,June 23, 2004.
We appreciate your comments and will respond accordingly.
Sincer y,
L. Craig Britton
General Manager
cc: MROSD Board of Directors
I
330 Distel Circle • Los Altos,CA 94022-1404 Phone: 650-691-1200
Fax:650-691-0485 • E-mail:mrosd@openspace.org • Web site:www.openspace.org C =EEO
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, Deane Little, Nonette Hanko,Larry Hassett, Kenneth C.Nitz • General Manager:L.Craig Britton
INTEROFFICE MEMORANDUM
May 14, 2004
TO: L. Craig Britton, General Manager
FROM: G. Baillie, Management Analyst
SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY
Month April Year 2004
i
VIOLATIONS CITES TOTALS CRIMES TOTALS
Bicycles Provisional license violation 1
Closed area 2 2 Furnish alcohol to minor 1
Speed 6 14 Minor poss alcohol 1
Helmet 5 23 Marijuana cultivation 1
Night-riding 0 0 Auto burglary 1
Dogs
Prohibited area 4 5 ACCIDENTS/INCIDENTS
Off-leash 9 13 Bicycle accident 3
Off-road vehicles 3 6 Equestrian accident 1
Closed area 2 6 Hiking/running accident 0
After hours 3 10 Other first aid 0
Fishing 0 0 Search & Rescue 2
Vandalism 0 6 Vehicle accident 3
Parking 8 11 LZ air evacuation 1
Parking after hours 14 23 Fire 0
Littering 0 1
Camping 0 0 ENFORCEMENT
Weapons Parking citations 22
Act
ual contact 0 0 Other citations 37
Report only 0 0 Written warnings 54
Evidence of 0 0 Arrests 0
Damage to Plants 3 3 Police assistance 5
Alcohol 0 1
Smog
kin 0 1 MUTUAL AID
-
Tree cutting/wood gathering 0 1 Accident 2
Encroachment/ Law enforcement 1
unlawful construction 0 2 Landing zone off-site 0
SUMMARY OF SIGNIFICANT INCIDENTS BY DATE
Date
2 A vehicle rollover occurred on Mt. Umunhum Road in Sierra Azul. The driver failed to negotiate
a corner and drove up the uphill bank adjacent to the road causing the vehicle to roll over on its
side. The driver returned to school abandoning the vehicle,but later returned with a family
member. A Santa Clara County Park ranger was advised of the accident and shortly after arrived
on the scene. The ranger activated the EMS system at the victims family member's request.
Ranger Miller copied the EMS traffic and responded. The victim was transported by ground
ambulance to Santa Teresa Hospital for further evaluation. CHP took an accident report and had
the vehicle towed.
13 L. Paterson, C. Barresi, and J. Lloyd responded to Russian Ridge on report of three off road
motorcycles from a nearby residence. Rangers stopped one juvenile and two adults and issued
citations to each of them for off road vehicles prohibited" and"damage to plants." C. Baressi
gave a courtesy transport to the only licensed driver to his residence in Palo Alto, so he could
return to pick up the other two and the non street-legal dirt bikes.
16 Santa Clara County Sheriff's Department contacted Area Superintendent Newburn about a
marijuana garden in Sierra Azul, and they had removed 152 plants from the area.
23 Supervising Ranger Malone noticed numerous vehicles parked adjacent to Foothills Preserve on
Page Mill Road. A large group of individuals were contacted for after hour use prohibited. A
majority of the individuals had consumed alcohol and were under age. Palo Alto PD was
requested to perform field sobriety tests on the drivers. Three subjects were cited for after hours
use, and all subjects were warned about the alcohol use. The event was a celebration of the Delta
Kappa Epsilon fraternity from Stanford.
24 An equestrian was riding on the Harkins Ridge Trail at Purisima. He heard a bicyclist and called
out"Horse, Horse and Rider." The bicyclist was going too fast to stop. The horse spooked and
the rider was thrown. The horse ran back to the ranch where it is boarded. The horse sustained a
cut on the back of his thigh. The rider was on the ground for several minutes before he was able
to get up, and the bicyclist stopped. He sustained soft tissue injuries and abrasions,but no severe
injuries. The equestrian said that he would like to volunteer with the District, because he wants
the preserve to stay multi-use,but that he thinks the visitors need horse education.
28 A search for a woman who said that she was going to drive off a cliff was coordinated by Santa
Clara County Sheriffs deputies. The call originated from Hwy 9 and 35, near Saratoga Gap.
B. Downing responded and acted as liaison. The search was called off due to the lack of specific
information.
April vandalism
2 An unknown vehicle broke through the split rail at Windy Hill picnic area and entered the
preserve.
9 A split rail fence and T-post were smashed by a vehicle at the Russian Ridge lot.
12 A regulation sign, "No Vehicles,"was shot at Russian Ridge.
19 A"No fishing or swimming"regulation sign at the lower Purisima lot was defaced with a
chalk swastika.
30 There was a break-in to a building at Bear Creek. Phone pages were burned.
30 An"Area Closed" sign at Sierra Azul was snapped off.
Unk. A"No Dogs"regulation sign at Russian Ridge was scratched on the front and tagged on the
back.
�
�
�
�
�
MIDPEAUNSULA REGIOMAL OPEN SPACE DISTRICT
�
� To: Craig Britton
From: Cindy Roessler
[abs May 2G. 20O4
Subject Mountain Lion Shooting in Palo Alto
May 17 Incident -A mountain lion was shot by Palo Alto Police Department in Palo Alto on K8ondoy. May 17,
2004. Several residents independently reported seeing announbyin lion that morning in a highly urbanized
section of the City, The Police Department responded by contacting the California Department of Fish and
Game ({�DFG). Santa Clara (�ounb/ Vector(�onbo[ nearby ochoo)a, and adjacent law anfonc»nmentagencies
and � ngupacomnnandpoetondoean:h. CDFG was unable to send one of their staff hn respond but was in
telephone contact with the Police Department during the day. Biologists with Vector Control and Palo Alto Open
Space Department ointh�saa�hendod�ie�d |mwenfon�amentoffioersonmou�oin|innbahovior�
participated �
At approximately 13:00. the mountain lion was spotted in o tree in o residential yard. After requesting
permission from the command post, an officer dispatched the mountain lion. The body was taken bo the CDFG
lab inMonterey. The mountain lion was male, approximately two years old and weighed 110 pounds. |i did not
appear hobe diseased or injured andhadnotn*oenUyembyn.
�
Tranquilizing/Relocation - On the day of the Palo Alto incident, CDFG could not send staff to assist in
tranquilizing and the Palo Alto Police Department did not have a tranquilizing gun or trained person to use it.
There are risks in tranquilizing o large predator inan urban area: several shots may ba necessary to sedate the
animal, the tranquilizer could take as long as 20 minutes to be efhaodve, or missed shots may stimulate the
animal hoflee. Subsequently, the animal may run and hide which increases uncertainty in the urban area and
may increase the potential for attack.
COFG does not relocate mountain lions that are a threat ho public safety. Under CDFG's Public Safety Wildlife �
.(3uide|inen, an eninno\ is deemed o public aahab threat if there is ^a likelihood of human injury based on the �
totality of the circumstances". In evaluating public oafety. CDFG considers whether the |ion's behavior was �
unusually bold or aggressive and its proximity toschools, playgrounds and other public gathering places. On �
May 1rm �hePo|oAUoPo|ineOopo�ment.withth�advioyofCDF<�. de�'nnined the mountain lion was opublic
. . �
safety threat. �
Furthermore, studies Thana�cabsdanim�� �
mountain �
often die from starvation or are hit by cars; male )ions may fight and kill other males introduced in their territory; �
or introduced male lions may kill mountain \km kittens in o new territory. Some mountain lions may travel long �
distances bn return ho their former territory and may repeat risky behavior. COFG only relocates mountain lions
in very rare circumstances with the capture and handling methods, behavior ofanimal, and the relocation spot
thoroughly evaluated beforehand. This type cf evaluation ig not possible inon emergency situation.
Evaluation mf &8ROSD Procedures - Operations staff have reviewed this incident and confirmed that our �
existing Wildlife Response Protocols are adequate. |n the event ofa mountain lion attack, field staff would first �
attend to medical needs of any injured penson, evaluate the situaUon, and secure the trail or preserve to �
evacuate people and limit access until CDFG staff or other law enforcement personnel have resolved the public �
sa
fety Because our pnaeanesdo not have dense urban cond�iono. weusumUy would have rnoredrnato
evaluate �
- A^ooaaggna ss��orunusua|beh��orofomounbain |innondnnor�option�tonoopon �d If the behavior ofthe
mountain lion \;determined not to be aggressive and threatening under the circumstances, and CDFG and law
enforcement personal determine that the public is not at risk, there is usually adequate area for the animal to
escape into its natural habitat. The Operations Leadership baomn has evaluated signoge and is reoosdng
informational signs sdtrei|heodo regarding mountain lions.
�
�
Regional Open S ce
...............
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
May 26, 2004
Mr. Alexander Brawner
Box 8120
501 Portola Road
Portola Valley,CA 94028
Dear Mr. Brawner:
We have received your letter dated May 12,2004. Unfortunately we did not receive your correspondence
in time to present it to the Board of Directors at their regular meeting of May 26,2004. The next regular
meeting of June 9,2004 has been cancelled;therefore,the Board will consider your letter on behalf of
Sequoia Resident's Council at the next scheduled meeting,June 23, 2004.
We appreciate your comments and will respond accordingly.
Sincer y,
L. Craig Britton
General Manager
cc: MROSD Board of Directors
330 Distel Circle * Los Altos,CA 94022-1404 Phone: 650-691-1200
Fax:650-691-0485 * E-mail:mrosd@openspace.org e Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, Deane Little,Nonette Hanko,Larry Hassett,Kenneth C. Nitz - General Manager:L.Craig Britton
MIDPEIWNSULA REGIONAL OPEN SPACE DISTRICT
To: Craig Britton
From: Cindy Roessler
Date: May 26,2004
Subject Mountain Lion Shooting in Palo Alto
May 17 Incident -A mountain lion was shot by Palo Alto Police Department in Palo Alto on Monday, May 17,
2004. Several residents independently reported seeing a mountain lion that morning in a highly urbanized
section of the City. The Police Department responded by contacting the California Department of Fish and
Game (CDFG), Santa Clara County Vector Control, nearby schools, and adjacent law enforcement agencies
and setting up a command post and search. CDFG was unable to send one of their staff to respond but was in
telephone contact with the Police Department during the day. Biologists with Vector Control and Palo Alto Open
Space Department participated in the search and advised law enforcement officers on mountain lion behavior.
At approximately 13:00, the mountain lion was spotted in a tree in a residential yard. After requesting
permission from the command post, an officer dispatched the mountain lion. The body was taken to the CDFG
lab in Monterey. The mountain lion was male, approximately two years old and weighed 110 pounds. It did not
appear to be diseased or injured and had not recently eaten.
Tranquilizing/Relocation - On the day of the Palo Alto incident, CDFG could not send staff to assist in
tranquilizing and the Palo Alto Police Department did not have a tranquilizing gun or trained person to use it.
There are risks in tranquilizing a large predator in an urban area: several shots may be necessary to sedate the
animal, the tranquilizer could take as long as 20 minutes to be effective, or missed shots may stimulate the
animal to flee. Subsequently, the animal may run and hide which increases uncertainty in the urban area and
may increase the potential for attack.
CDFG does not relocate mountain lions that are a threat to public safety. Under CDFG's Public Safety Wildlife
Guidelines, an animal is deemed a public safety threat if there is "a likelihood of human injury based on the
totality of the circumstances". In evaluating public safety, CDFG considers whether the lion's behavior was
unusually bold or aggressive and its proximity to schools, playgrounds and other public gathering places. On
May 174', the Palo Alto Police Department,with the advice of CDFG, determined the mountain lion was a public
safety threat.
Furthermore, studies have found that relocation of mountain lions is often unsuccessful. The relocated animals
often die from starvation or are hit by cars; male lions may fight and kill other males introduced in their territory;
or introduced male lions may kill mountain lion kittens in a new territory. Some mountain lions may travel long
distances to return to their former territory and may repeat risky behavior. CDFG only relocates mountain lions
in very rare circumstances with the capture and handling methods, behavior of animal, and the relocation spot
thoroughly evaluated beforehand. This type of evaluation is not possible in an emergency situation.
Evaluation of MROSD Procedures - Operations staff have reviewed this incident and confirmed that our
existing Wildlife Response Protocols are adequate. In the event of a mountain lion attack, field staff would first
attend to medical needs of any injured person, evaluate the situation, and secure the trail or preserve to
evacuate people and limit access until CDFG staff or other law enforcement personnel have resolved the public
safety issue. Because our preserves do not have dense urban conditions, we usually would have more time to
evaluate aggressive or unusual behavior of a mountain lion and more options to respond. If the behavior of the
mountain lion is determined not to be aggressive and threatening under the circumstances, and CDFG and law
enforcement personal determine that the public is not at risk, there is usually adequate area for the animal to
hi am has evaluated si na a and is re posting
natural habitat. The Operations Leaders to p
escape into its atu 9 9 9
P
p p
informational signs at trailheads regarding mountain lions.
Open S *-e
. Regional p p
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
May 19, 2004 CELEBRATING 30 YEARS OF OPEN SPACE PRESERVATION
Planning Commission
Town of Portola Valley
765 Portola Road
Portola Valley, CA 94028
RE: Site Development Permit X91-1-517,Realignment of Spring Ridge Trail at
Windy Hill Open Space Preserve
Dear Commissioners,
The District respectively submits this letter in response to the Memorandum prepared by Town
Planner George Mader,dated May 14,2004,which explains the Town's desire to retain the"sag
pond road"as a trail versus the District's proposal to close and restore this segment of road. The
District would like to clarify the reasons for the proposed closure and restoration, including the
extent of review that preceded this decision.
Protection of the Sensitive Sag Pond Environment
One of the primary and most important reasons for closing this road segment is the need to
protect and enhance the unique sag pond environment. The road passes immediately adjacent to a
small sag pond,which is defined as a small body of water occupying an enclosed depression
formed where active or recent fault movement has impounded drainage. Sag ponds are unique
geologic'c features; the one under discussion in Windy Hill in fact lies along the San Andreas
Fault. Sag ponds provide important habitat to a number of species, including the federally-
endangered California red-legged frog that is known to inhabit riparian areas where water is
present, similar to the segment of road that the District seeks to close and restore. it is highly
probable that this area of Windy Hill serves as dispersal habitat for frogs moving from Corte
Madera Creek to Sausal Creek and Sausal Pond. According to Sycamore Associates,who
prepared a biological assessment for the project,the California red-legged frog is considered to
have a moderate to high likelihood of occurrence within the project area. Previous surveys
reported the presence of a California red-legged frog in Sausal Pond in 1998 and in Corte Madera
Creek in 2000 near the bridge crossing. The District seeks to prevent further disturbance to the
unique sag pond environment by re-vegetating the road and closing the"sag pond road"to trail
traffic. A split-rail fence between the sag pond and the road is not sufficient to prevent
disturbance to this fragile vernal pond environment,particularly in terms of intrusion from dogs,
potential sedimentation from the adjacent road, and impacts from trail traffic noise.
Maintenance Concerns
The District is also concerned about maintenance issues if this trail is left open to use. Regardless
of the trail width, trails must be routinely brushed of vegetation. This area of the preserve is also
plagued with invasive thistle problems. Since trails are known to be vectors for the dispersal of
invasive weeds,controlling the spread of thistle along the"sag pond road"is also considered a
significant ongoing maintenance issue. Moreover,this particular area of Windy Hill has very
poor drainage, in part due to the type of soils,the preserve's natural springs and seeps,the
that the area is a nat
ural depression
n created b
numerous swales that cross the road and the fact p Y
5
the horizontal strike-slip movement of the San Andreas Fault. Any drainage improvements
along this segment of road would require ongoing maintenance and corrections given the
33o Distel Circle 650-69r1200 info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER:
Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Deane tittle,Nonette Hanko,Larry Hassett,Kenneth C.Nitz L.Craig Britton
: NJ nn..enuxs
presence of an active fault and water seepage that together are ever changing the nature of the
terrain.
Duplication of Routes,Excessive Trail Density and Shortcutting Concerns
The District is very mindful of the potential for the unnecessary duplication of routes and
excessive trail density that would result if the road were retained as a trail. The existing"sag
pond road,"the proposed Spring Ridge Trail realignment,the hardened driveway leading to the
Kabcenell property, and Meadow Trail would all lie at approximately 150 feet from one another
within viewing distance and would lead to the same destinations. Shortcutting is also of
particular concern along a 300-foot stretch where the existing and proposed route would diverge
given that this area is characterized as open grassland/chaparral(most of the low-lying brush
would need to be removed to create a construction staging area). Given that shortcutting leads to
aesthetic and ecological impacts from the loss of vegetation and compaction of the ground and
increased enforcement pressure to keep people from cutting across trails and maintenance to
restore these denuded areas,the District stresses the importance of preventing the potential for
shortcutting.
i
Comprehensive Planning Process Followed and Extensive Public Review
Worth mentioning is the comprehensive planning process followed by the District to evaluate and
receive public input on the realignment and closure of the "sag pond road,"which was first
identified as part of a Use and Management(U&M)Plan Amendment process in 2001. During
the planning phase of the project,District staff met onsite with interested parties,neighbors, and
Town representatives to introduce the proposed improvements. The public was also invited to
Use and Management Committee meetings held both at the preserve and the District office to
further discuss the details of the proposed improvements. The District gathered public input
verbally at these meetings,over the phone,and in writing via letters and emails,including the
Town's initial request to retain the"sag pond road"as a trail. The District's Board of Directors
considered this information,together with District staff s technical environmental analysis, and
the Committees' recommendations when adopting the U&M Plan Amendments. Most recently,
the public was afforded another opportunity to comment when staff requested Board
authorization to use public funds to enter into contract with the engineers for design services and
for authorization to solicit bids for construction. The District has so far dedicated considerable
staff time to inform the public of the changes,receive input,complete the environmental CEQA
review,complete plans and specifications, submit permits, and prepare a bid package for
construction. In addition,the District has worked closely with our adjacent neighbor, the
Kabcenells, to address potential user conflict concerns along the driveway by minimizing the
number of trail-driveway intersections. By closing and restoring the "sag pond road,"there
would be only one intersection where the Meadow Trail and proposed Spring Ridge connection
meet the driveway.
Restoration of the Sag Pond Road as Mitigation
Of important note, as part of the California Environmental Quality Act(CEQA)review for the
project,closing and restoring the"sag pond road"is identified as mitigation for a number of
potential impacts: (1)the closure and re-vegetation of this road serves to minimize the impacts to
the existing visual quality of the site and its surroundings by resulting in a minimal net loss of
naturally vegetated land; (2)restoration of the"sag pond road" also minimizes potential impacts
to riparian habitat by resulting in no net loss of the natural riparian habitat community; and(3)
restoration of the road would also mitigate potential impacts to soils since re-seeding the exposed
road surface would create a vegetated cover to minimize erosion.
i �
Lastly, the District would like to address Town staff s sentiments in consideration of retaining the
road as a trail.
Consistency with Town Trails Plan
It is the District's understanding that the Town has identified a trail alignment that connects the
Town Center to Alpine Road,passing along the area of the existing"sag pond road". It has been
suggested that because the existing"sag pond road"is part of a Town trail alignment,this trail
has been identified and"planned"for more than 30 years. However,the District has always
viewed trail plans as providing general locations and guidelines to develop final trail alignments,
which allow for on-the-ground refinement based on site-specific field conditions and a careful
environmental review. The District believes that the proposed route still meets the general intent
of the original Town trail alignment, which is to provide a trail connection between the Town
CenterlPortola Road and Alpine Road.
l
Trail Grades and Use by Sequoias Residents
Town staff also points to the steeper grade of the new proposed route,which varies between 1.2
percent and 14.5 percent. Although grades are steeper,this stretch of trail is only 500 feet long,
most of which contain grades of 12% and less(the section that is at 14.5% is only approximately
50 feet long). Moreover,visitors from The Sequoias who seek to reach the more level "sag pond
road"would need to travel along some sections of trail that are relatively similar in grade as the
proposed route,requiring them to be physically able just to reach this area of the preserve.
The District respectfully requests that the Planning Commission consider the District's extensive
analysis and technical conclusions for determining the need to close and restore the "sag pond
road". The District understands the Town's preference for retaining the road,but should weigh
this preference with the District's mission"to protect and restore the natural environment; and
provide opportunities for ecologically sensitive public enjoyment". The District believes the
proposed route,together with the new Meadow Trail,will provide an equally enjoyable
experience for trail users while also protecting sensitive habitat for wildlife and still meet the
Town's intent to provide a trail link for residents that connects Portola Road to Alpine Road.
Si cerely;
L. g Britton
General Manager
LCB:amr
I
I
INTEROFFICE MEMORANDUM
May 14, 2004
TO: L. Craig Britton, General Manager
FROM: G. Baillie, Management Analyst
SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY i
Month April Year 2004
VIOLATIONS CITES TOTALS CRIMES TOTALS
Bicycles Provisional license violation 1
Closed area 2 2 Furnish alcohol to minor 1
Speed 6 14 Minor poss alcohol 1
Helmet 5 23 Marijuana cultivation 1
Night-riding 0 0 Auto burglary 1
Dogs
Prohibited area 4 5 ACCIDENTS/INCIDENTS
Off-leash 9 13 Bicycle accident 3
Off-road vehicles 3 6 Equestrian accident 1
Closed area 2 6 Hiking/running accident 0
After hours 3 10 Other first aid 0
Fishing 0 0 Search& Rescue 2
Vandalism 0 6 Vehicle accident 3
Parking 8 11 LZ air evacuation 1
Parking after hours 14 23 Fire 0
Littering 0 1
Camping 0 0 ENFORCEMENT
Weapons Parking citations 22
Actual contact 0 0 Other citations 37
Report only 0 0 Written warnings 54
Evidence of 0 0 Arrests 0
Damage to Plants 3 3 Police assistance 5
Alcohol 0 1
Smoking 0 1 MUTUAL AID
Tree cutting/wood gathering 0 1 Accident 2
Encroachment/ Law enforcement 1
unlawful construction 0 2 Landing zone off-site 0
SUMMARY OF SIGNIFICANT INCIDENTS BY DATE
Date
2 A vehicle rollover occurred on Mt. Umunhum Road in Sierra Azul. The driver failed to negotiate
a corner and drove up the uphill bank adjacent to the road causing the vehicle to roll over on its
side. The driver returned to school abandoning the vehicle,but later returned with a family
member. A Santa Clara County Park ranger was advised of the accident and shortly after arrived
on the scene. The ranger activated the EMS system at the victims family member's request.
Ranger Miller copied the EMS traffic and responded. The victim was transported by ground
i
ambulance to Santa Teresa Hospital for further evaluation. CHP took an accident report and had
P P
the vehicle towed.
13 L. Paterson, C. Barresi, and J. Lloyd responded to Russian Ridge on report of three off road
motorcycles from a nearby residence. Rangers stopped one juvenile and two adults and issued
citations to each of them for off road vehicles prohibited" and"damage to plants." C. Baressi
gave a courtesy transport to the only licensed driver to his residence in Palo Alto, so he could
return to pick up the other two and the non street-legal dirt bikes.
I
16 Santa Clara County Sheriff's Department contacted Area Superintendent Newburn about a
marijuana garden in Sierra Azul, and they had removed 152 plants from the area.
23 Supervising Ranger Malone noticed numerous vehicles parked adjacent to Foothills Preserve on
Page Mill Road. A large group of individuals were contacted for after hour use prohibited. A
majority of the individuals had consumed alcohol and were under age. Palo Alto PD was
requested to perform field sobriety tests on the drivers. Three subjects were cited for after hours
use, and all subjects were warned about the alcohol use. The event was a celebration of the Delta
Kappa Epsilon fraternity from Stanford.
24 An equestrian was riding on the Harkins Ridge Trail at Purisima. He heard a bicyclist and called
out "Horse, Horse and Rider." The bicyclist was going too fast to stop. The horse spooked and
the rider was thrown. The horse ran back to the ranch where it is boarded. The horse sustained a
cut on the back of his thigh. The rider was on the ground for several minutes before he was able
to get up, and the bicyclist stopped. He sustained soft tissue injuries and abrasions,but no severe
injuries. The equestrian said that he would like to volunteer with the District, because he wants
the preserve to stay multi-use, but that he thinks the visitors need horse education.
28 A search for a woman who said that she was going to drive off a cliff was coordinated by Santa
Clara County Sheriffs deputies. The call originated from Hwy 9 and 35,near Saratoga Gap.
B. Downing responded and acted as liaison. The search was called off due to the lack of specific
information.
April vandalism
2 An unknown vehicle broke through the split rail at Windy Hill picnic area and entered the
preserve.
9 A split rail fence and T-post were smashed by a vehicle at the Russian Ridge lot.
12 A regulation sign "No Vehicles g
"was shot at Russian Ridge.
19 A"No fishing or swimming"regulation sign at the lower Purisima lot was defaced with a
chalk swastika.
30 There was a break-in to a building at Bear Creek. Phone pages were burned.
30 An"Area Closed" sign at Sierra Azul was snapped off.
Unk. A"No Dogs"regulation sign at Russian Ridge was scratched on the front and tagged on the
back.
i
Regional Open Sp...e
Meeting 04-12 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
May 26, 2004 CELEBRATING 30 YEARS or OPEN SPACE PReSERVAIION
AGENDA ITEM 1
AGENDA ITEM
Adopt Resolutions for Completion of the Conditions of Sa teo Local Agency Formation Commission
Approval of the Coastside Protection Program
GENERAL MANAGER'S RECOMMENDAT
1. Adopt the attached Resolution Establishing a Plan for Amending the District's Good Neighbor
Policy
2. Adopt the attached Resolution Establishing a Plan for Appointment of an Ombudsperson
3. Adopt the attached Resolution Establishing a Plan for Hiring or Contracting with an Individual or
Organization with Agricultural Management Expertise
4. Adopt the attached Resolution Amending the District's Rules of Procedure to Include Section
1.13 to Provide for Public Meetings in the Coastside Protection Area
DISCUSSION
On April 7,2004 the San Mateo Local Agency Formation Commission (LAFCo)conditionally approved
the District's Coastside Protection Program, which will expand the District's boundaries to include
coastal San Mateo County(see Report R-03-54). All Conditions must be fulfilled before LAFCo records
the Certificate of Completion for the Annexation and implementation of the Coastside Protection
Program can begin. The first four conditions have been fulfilled as outlined w:
gr g o t ed Belo
1. Memorandum of Understanding between MROSD and Farm Bureau Including a New State Law,
AB 1195, Removing the Power of Eminent Domain in the Coastside Protection Area
2. Agreement between MROSD and San Mateo County for Fire Services
3. Agreement between MROSD and La Honda-Pescadero Unified School District, and
4. Adoption of a Resolution Establishing a Public Participation Process for Reapportionment of the
Districts Ward Boundaries to Include the Proposed Coastside Protection Area.
At the regular meeting of April 28, the Board referred Conditions of Approval 5 through 8 to the
Legislative, Finance and Public Affairs Standing Committee of the Board(LFPAC) to develop
appropriate resolutions for consideration by the Board(see Report R-04-45) to satisfy these remaining
conditions. The Committee held a public meeting on May 18, 2004 to discuss these Conditions of
Approval,receive public input and formulate recommendations to the Board of Directors.
Condition 5. Plan for initiating amendments to the Good Neighbor Policy
This condition requires that the Board adopt a resolution providing a plan for initiating amendments to
the District's existing Good Neighbor Policy within 60 days from the recordation of the Certificate of
Completion of Annexation. The Committee recommends the following public participation process and
plan for amending the District's existing Good Neighbor Policy:
1. In order to include as many constituents as possible in shaping ideas for an amended Good
Neighbor Policy, the District's Board of Directors will hold a minimum of three public
workshops.
3,o Distel Circle 650-69i-1200 info@openspace.org BOARD 01 DIRECTORS:Peteliemens,mary Davey,Jed cyr, GENERAL MANAGER:
Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Deane Little,Nanette Hanko,Larry Hossett,Kenneth C.Nitz L.Craig Britton
R-04-57 Page 2
2. At least one workshop will be held on the coastside and one in the Skyline area.
3. The District's LFPAC will then be assigned to consider the public input received at the
workshops in drafting a recommendation to the Board of Directors for an amended Good
Neighbor Policy.
4. The Board of Directors will then review the draft amended Good Neighbor Policy at a public
meeting to receive further public comment, and after review and deliberation, adopt an amended
policy.
I
This plan is designed to honor the Board's commitment to work with coastside residents, current District
constituents, community groups, local elected officials,District staff,and other interested parties. Notice
of the workshops will be published in the local newspapers,mailed to local agencies and organizations,
and posted on the District's website to ensure wide circulation throughout the community. It is intended
that the amended Good Neighbor Policy would address neighbor relations within the entire District, as
appropriate.
Condition 6. Plan for appointing an Ombudsperson
This condition requires that the Board adopt a resolution that outlines a procedure for appointing a
citizen ombudsperson within 60 days from the recordation of the Certificate of Completion of
Annexation. The Committee recommends the following process, which is modeled after the District's
procedure last used for appointment of a Board Director:
1. Immediately refer to LFPAC the following assignment: Develop recommendations for the Board
of Directors for appointing a citizen ombudsperson for consideration and approval at the next
feasible public meeting of the Board. The assignment would include:
a. Description of role and duties
b. Desired qualification criteria, including a requirement that the ombudsperson be a
constituent of the District
c. Compensation recommendation(volunteer or paid)
d. Proposed term of appointment
e. Proposed application for Ombudsperson, and
f. Other necessary or desirable terms of appointment
2. Advertise in local newspapers and on the District's website for the position within 1 week of
recordation of the Certification of Completion of Annexation LAF r b Co o at the next feasible
p Y
meeting of the Board, in order to encourage applications. The public will be invited at this time to
submit questions to the Board that they suggest be asked during the interview process.
3. Within 30 days of advertising the position,call a Special Public Meeting of the Board for the
Y g p p g
purpose of screening applications to reduce the number to 8 candidates for initial interviews,
unless there are fewer than 10 applications.
4. Within 2 weeks of the initial screening meeting, or if there is no initial screening meeting then
within 30 days of the advertising for the position, call a Special Public Meeting of the Board for
the purpose of initial interviews of the applicants.
5. Within 2 weeks of the initial interviews, call a Special Public Meeting of the Board for the
purpose of final interviews of the applicants. One Board member will be assigned to contact the
R-04-57 Page 3
finalists' references on behalf of the Board. At the Special Public Meeting the Board will appoint
the District Ombudsperson. Legal Counsel will provide an appointment agreement for signature
by the parties based upon the conditions and duties of appointment.
Condition 7. Agricultural management expertise
This condition requires that the Board adopt a resolution that outlines a plan for hiring or contracting
with an individual or organization with agricultural management expertise upon recordation of the
Certificate of Completion and the subsequent acquisition of agricultural land. The Committee
recommends the following plan:
Upon recordation of the Certificate of Completion of Annexation by LAFCo and subsequent
acquisition of agricultural land within the Coastside Protection Area and within 60 days of close of
escrow, the District shall:
1. Seek recommendations for consultants with agricultural management expertise from local
agricultural organizations, including the Farm Bureau,the Resource Conservation District and
the University of California Cooperative Extension Service.
2. Contract with a consultant or organization with agricultural management expertise to assist the
District in managing lands in agricultural use.
3. During preparation of the District's annual budget and action plan,review the total acreage and
uses of agricultural lands acquired or managed throughout the District, and determine if hiring an
individual with agricultural management expertise on District staff is warranted.
This plan will continue the District's current practice of contracting with agricultural experts to work
with staff in developing grazing plans for the Alpine Road area of Skyline Open Space Preserve and in
studying the feasibility of agricultural operations when preparing Use and Management Plans.
Condition 8.District Board and Subcommittee meetings to be held in Coastside Protection Area
This condition requires the Board to adopt a resolution amending the District's Rules of Procedure to
provide for public meetings in the Coastside Protection Area on matters concerning that Area. The
Committee recommends the following amendment to the Rules of Procedure(attached):
Upon recordation of the Certificate of Completion of Annexation the District Board and/or Board
Committees shall hold public meetings within the Coastside Protection Area to receive community
input in the decision-making process regarding matters concerning that Area, including:
1. Use and Management Plans and Master Plans
2. Board policies and procedures
3. Land purchases
4. Planning for major Capital Improvements
It is recommended that the Board adopt the attached Resolutions to fulfill the Conditions of LAFCo
Approval.
R-04-57 Page 4
Prepared by:
Cathy Woodbury,Planning Manager
Contact person:
Same as above
Attachments:
Resolution Establishing a Plan for Amending the District's Good Neighbor Policy
Resolution Establishing a Plan for Appointment of an Ombudsperson
Resolution Establishing a Plan for Hiring or Contracting with an Individual or Organization with
Agricultural Management Expertise
Resolution Amending the District's Rules of Procedure to Include Section 1.13 to Provide for Public
Meetings in the Coastside Protection Area
Proposed Amended Rules of Procedure
RESOLUTION NO. 04-_
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT ESTABLISHING A PLAN FOR AMENDING THE
DISTRICT'S GOOD NEIGHBOR POLICY IN CONFORMITY
WITH SAN MATEO COUNTY LOCAL AGENCY
FORMATION COMMISSION RESOLUTION NO. 960
WHEREAS, on April 7, 2004, by adoption of resolution No. 960, the San Mateo Local
Agency Formation Commission (LAFCo) conditionally approved the District's Coastside
Protection Program; and
WHEREAS, LAFCo's Condition No. 5 requires the District to amend its existing Good
Neighbor Policy to include specified provisions in response to concerns of coastside residents;
and
WHEREAS, the District Board of Directors and staff is strongly committed to
establishing and maintaining good relationships with all residents and neighbors of the District
and desires to fulfill LAFCo Condition No. 5;
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE DISTRICT DOES
HEREBY RESOLVE AS FOLLOWS:
Section One. Within 60 days from recordation of the Certificate of Completion of Annexation
the Board of Directors shall initiate a public participation process and plan for amending the
Good Neighbor Policy.
Section Two. In order to include as many constituents as possible in shaping ideas for an
amended Good Neighbor Policy, the District's Board of Directors shall hold a minimum of three
public workshops.
Section Three. At least one workshop shall be held on the coastside and one in the Skyline area.
Section Four. The District's Legislative, Finance, and Public Affairs Standing Board Committee
shall then be assigned to consider the public input received at the workshops in drafting a
recommendation to the Board of Directors for an amended Good Neighbor Policy, which shall
include the provisions required by LAFCo Condition No. 5.
Section Five. The Board of Directors shall then review the draft amended Good Neighbor Policy
prepared by the Committee, including the specific provisions required by LAFCo Condition No.
5, at a public meeting, receive further public comment, and, after review and deliberation, adopt
an amended policy in conformity with LAFCo Condition No. 5.
RESOLUTION NO. 04--
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT ESTABLISHING A PLAN FOR APPOINTMENT OF
AN OMBUDSPERSON IN CONFORMITY WITH SAN MATEO
COUNTY LOCAL AGENCY COMMISSION RESOLUTION
NO. 960
WHEREAS, by adoption of Resolution No. 960, on April 7, 2004, the San Mateo Local
Agency Formation Commission (LAFCo) conditionally approved the District's Coastside
Protection Program; and
WHEREAS, LAFCo's Condition No. 6 requires the District to appoint an Ombudsperson
within 60 days from recordation of the Certificate of Completion of Annexation; and
WHEREAS, the District Board of Directors and staff is strongly committed to
establishing and maintaining good relationships with all residents and neighbors of the District
and desires to promptly fulfill LAFCo Condition No. 6;
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE DISTRICT DOES
HEREBY RESOLVE AS FOLLOWS:
Section One. The Legislative, Finance and Public Affairs Standing Committee of the Board is
immediately assigned with the development of recommendations to the Board of Directors for
appointing an Ombudsperson in conformity with LAFCo Condition No. 6 for consideration and
approval at the next feasible public meeting of the Board.
Section Two. The Committee's recommendations shall include: a description of the
ombudsperson's role and duties; the desired qualification criteria, including a requirement that
the ombudsperson be a constituent of the District; whether the ombudsperson is to be a volunteer
or compensated; the proposed term of appointment; the proposed application for Ombudsperson;
and other necessary or desirable terms of appointment.
Section Three. The District shall advertise in local newspapers and on the District's website for
the position within I week of recordation of the Certification of Completion of Annexation, or at
the next feasible meeting of the Board, in order to encourage applications.
Section Four. The public shall be invited at this time to submit questions to the Board that they
suggest be asked during the interview process.
Section Five. Within 30 days of advertising the position, the Board shall call a Special Public
Meeting for the purpose of screening applications to reduce the number to 8 candidates for initial
interviews, unless there are fewer than 10 applications.
Section Six. Within 2 weeks of the initial screening meeting, or if there is no initial screening
meeting then within 30 days of advertising for the position, the Board shall call a Special Public
Meeting for the purpose of initial interviews of the applicants.
Section Seven. Within 2 weeks of the initial interviews, the Board shall call a Special Public
Meeting for the purpose of final interviews of the applicants and one Board member shall be
assigned to contact the finalists' references on behalf of the Board.
Section Eight. Within 60 days from recordation of the Certificate of Completion of Annexation
the Board shall hold a Special Public Meeting to appoint the District Ombudsperson in
conformity with LAFCo Condition No. 6 and Legal Counsel shall provide an appointment
agreement for signature by the parties based upon the conditions and duties of appointment.
RESOLUTION NO. 04-_
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT ESTABLISHING A PLAN FOR HIRING OR
CONTRACTING WITH AN INDIVIDUAL OR
ORGANIZATION WITH AGRICULTURAL MANAGEMENT
EXPERTISE IN CONFORMITY WITH SAN MATEO COUNTY
LOCAL AGENCY COMMISSION RESOLUTION NO. 960
WHEREAS, on April 7, 2004, by Resolution No. 960, the San Mateo Local Agency
Formation Commission (LAFCo) conditionally approved the District's Coastside Protection
Program; and
WHEREAS, LAFCo's Condition No. 7 requires the District to adopt a plan for hiring or
contracting with an individual or organization with agricultural management expertise; and
WHEREAS, the District desires to work in cooperation with the coastside community to
support and preserve agricultural operations and to protect the economic and physical integrity of
agricultural lands within the Coastside Protection Area and to fulfill LAFCo Condition No. 7;
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE DISTRICT DOES
HEREBY RESOLVE AS FOLLOWS:
Section One. Upon recordation of the Certificate of Completion of Annexation and within 60
days of close of escrow on the subsequent acquisition of agricultural land within the Coastside
Protection Area, the District shall: 1) seek recommendations for consultants from local
agricultural organizations, including the Farm Bureau, the Resource Conservation District and
the University of California Cooperative Extension Service; and 2) contract with a consultant or
organization with agricultural management expertise to assist the District in managing lands in
agricultural use.
Section Two. During preparation of the District's annual budget and action plan, the Board of
Directors shall review the total acreage and uses of agricultural lands acquired or managed
throughout the District, and determine if employing an individual with agricultural management
expertise on District staff is warranted.
RESOLUTION NO. 04-_
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT AMENDING THE RULES OF PROCEDURE TO
INCLUDE SECTION 1.13 TO PROVIDE FOR PUBLIC
MEETINGS IN THE COASTSIDE PROTECTION AREA IN
CONFORMITY WITH SAN MATEO COUNTY LOCAL
AGENCY COMMISSION RESOLUTION NO. 960
WHEREAS, on April 7, 2004, by Resolution No. 960, the San Mateo Local Agency
Formation Commission(LAFCo) conditionally approved the District's Coastside Protection
Program; and
WHEREAS, LAFCo's Condition No. 8 requires the District's Rules of Procedure to
provide for public meetings in the Coastside Protection Area; and
WHEREAS, the District is strongly committed to providing democratic and accountable
representation to all of its constituents and desires to include as many coastside constituents as
possible in the decision-making process regarding matters concerning the Coastside Protection
Area and desires to promptly fulfill LAFCo Condition No. 8;
NOW, THEREFORE THE BOARD OF DIRECTORS OF THE DISTRICT DOES
HEREBY RESOLVE AS FOLLOWS:
Section One. The Rules of Procedure of the Board of Directors of the Midpeninsula Regional
Open Space District are hereby amended to include Section 1.13 to read as follows:
1.13 Meetings in the Coastside Protection Area
The Board of Directors and Standing or Ad Hoc Board Committees shall hold meetings
as needed or appropriate, and at an appropriate location within the Coastside Protection
Area, to receive community input in the decision-making process regarding matters
concerning the Coastside Protection Area, including: Use and Management Plans and
Master Plans for District lands, Board policy deliberations, District land acquisitions, and
planning for major capital improvements to District lands, all within the Coastside
Protection Area.
Section Two. Effective Date: This Resolution shall become effective upon recordation of the
Certificate of Completion of the Annexation of the Coastside Protection Area as set out in San
Mateo County LAFCo Resolution No. 960 adopted on April 7, 2004.
RULES OF PROCEDURE
Section
1.10 Regular Meetings
Public Resources Code § 5535
Regular Meetings of the Board of Directors of the Midpeninsula Regional Open Space District shall
be held on the second and fourth Wednesday of each month at the hour of 7:30 p.m. Meetings shall
be held at such place or places within the District as shall be determined by the Board of Directors.
A majority of the members of the Board may cancel a meeting for cause or call the regular meeting
for a different date or time. At least 72 hours before a regular meeting, the agenda for the regular
meeting containing the time and location for the meeting and a brief description of each item of
business to be transacted or discussed at the meeting, including items to be discussed in closed
session, shall be posted in a location that is freely accessible to member s of the public. if a regularly
scheduled meeting occurs on the evening preceding Thanksgiving or Christmas Eve or on a holiday,
the regular meeting shall be rescheduled or canceled.
1.12 Speciale tin S
Special meetings may be called at any time by the President or at the request of a majority of the
members of the Board. Except in the case of an "emergency situation" as defined (Government
Code § 54956.5), written notice of such meeting shall be posted in a location that is freely
accessible to members of the public and delivered personally or by mail to each member of the
Board and to each local newspaper of general circulation at least 24 hours before the time specified
for the meeting in the notice, provided that, unless otherwise provided by law, the failure to give or
receive notice shall not affect the validity of any action taken at the meeting.The notice shall specify
the time and place of the special meeting and the business to be transacted, which shall be
determined by the Board or by the General Manager in consultation wit the President. No other
business shall be considered at the meeting. The agenda for a special meeting at which action is
proposed to be taken on an item shall provide an opportunity for members of the public to directly
address the Board concerning that item prior to action in the item.
1.13 Meetings in the Coastside Protection Area
The Board of Directors and Standing or Ad Hoc Board Committees shall hold meetings as needed or
appropriate, and at an appropriate location within the Coastside Protection Area to receive
community input in the decision-making process regarding matters concerning that the Coastside
Protection Area, including: Use and Management Plans and Master Plans for District lands Board
policy deliberations, District land acquisitions, and planning for major capital improvements to
District lands, all within the Coastside Protection Area.
I
1.14 Meetings to be Public
Public Resources Code § 5535.
All meetings of the Board of Directors shall as provided by law be open and public and shall be
conducted in accordance with the Ralph M. Brown Act of the State of California. (Government Code
§ 54950 et seq., the Ralph M. Brown Act).
1.16 Quorum
Public Resources Code § 5535.
At any meeting of the Board a majority of the Directors shall constitute a quorum for the transaction
of business. When there is no quorum, the President, or Vice-President, or District Clerk or any other
member of the Board of Directors, shall adjourn such meeting.
Regional Open Sp,.-,e
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-04-51 (,E1,EBRA1'IN(; 30 YEARS OF OPEN SPACE PRESERVATION
Meeting 04-12
May 26, 2004
AGENDA ITEM 2
AGENDA ITEM
Agreement with Santa Clara County Fire Department to Conduct a Prescribed Bum on the
Rancho de Guadalupe Area of Sierra Azul Open Space Pr erve
GENERAL MANAGER'S RECOMMENDATION
I Determine that the recommended actions as set out in this report are categorically exempt
under the California Environmental Quality Act (CEQA).
2. Authorize the General Manager to execute the attached Permit to Enter for the purpose of
allowing the Santa Clara County Fire Department to conduct a controlled bum, for
training purposes, at the Rancho de Guadalupe area of Sierra Azul Open Space Preserve,
and to enter other areas as specified for related training not involving live fire.
BACKGROUND
The District has received a request from the Santa Clara County Fire Department to conduct a
controlled bum, for training purposes, on a portion of the former Rancho de Guadalupe property
in Sierra Azul Open Space Preserve. The request is to bum up to nine (9) acres of grassland
adjacent to the Cherry Springs Reservoir (see Exhibit 1). This project would be a repetition of
the controlled bums which were successfully conducted in 1997 (see Report R-97-73), 1999 (see
Report R-99-68), and 2003 (see Report R-03-45). Board approval was also obtained to conduct a
bum in 2001 (see Report R-01-62), however the bum was not conducted because staff from other
fire fighting agencies were not available.
DISCUSSION
The project will involve burning up to nine (9) acres of grassland and sparse chaparral. This
particular site was chosen because the gentle slope, combined with light fuels, is appropriate for
conducting a safe bum, with minimal erosion potential. The site is easily accessible and water is
readily available. A 100,000 gallon water tank provides an excellent water source. Two fire
hydrants are in the bum area, and two additional hydrants are also available. In addition, the site
is remote and closed to the public, so the project will not interfere with recreational activities or
neighboring properties.
Pending Board approval, the bum is scheduled for Friday, July 2. The date works well for staff
330 Distel Circle 650-691-12oo info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER:
Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz L.Craig Britton
i
i
R-04-51 Page 2
and provides an opportunity to train new firefighters who are currently attending the Joint
Agency Fire Academy. Firefighters from this academy are from many of the jurisdictions which
provide fire services to the District. In addition, staff from the District and Santa Clara County
Fire Department will be on-site prior to the event to prepare for the burn, which will involve
some vegetation clearing and a small amount of burning around the edge of the site (black-lining)
to protect trees and to provide further protection against escape of the fire.
Prior to the burn, additional training will be provided to participants in handline construction and
emergency fire shelter use. This training will not involve live fire, and it is anticipated that the
training will take place in a closed portion of the Bear Creek Redwoods Open Space Preserve.
Santa Clara County Fire Department will be the lead agency in conducting the exercise. It will
be responsible for controlling site access, conducting the burn, providing logistical support, and j
complying with Bay Area Air Quality Management District regulations. The California
Department of Forestry and Fire Protection (CDF) may also participate in the training.
I
The project will provide the following benefits for the District:
1
1. Wildland Fire and Incident Command System training for District and County Fire
Department staff.
i
2. Improved working relationship with Santa Clara County Fire Department.
3. Reduction of fuel load in the burn area and subsequent reduction in the possibility of a
wildland fire.
4. Enhancement of native vegetation and removal of exotic vegetation through the re-
introduction of naturally occurring fire, under controlled conditions.
5. Research opportunities for the District's Resource Management Specialist on the effect
of wildland fire on vegetation management.
RESOURCE MANAGEMENT CONSIDERATIONS
To evaluate the spectrum of environmental concerns, a checklist developed by CDF for
vegetation management burns was used. The results of the checklist show no significant impacts
on water resources, soil stability, vegetation, habitat, wildlife, air quality, or visual aesthetics.
The vegetation community of the burn area is approximately 85% non-native annual and
perennial grassland. A burn in this area will enhance native vegetation diversity by reducing
non-native competitive species and thatch accumulation. Monitoring has been conducted for
burns held in this area in previous years to assess the changes in species composition and
distribution caused by the burns. The 1997 and 1999 burns resulted in reduced thatch coverage,
which benefited native grasses.
The impact on wildlife of a grassland burn will be minimal due to the seasonal timing and the
low intensity of the burn. No rare or endangered species inhabit the burn area. Horned lizards
have been sighted on the upper chaparral slopes of the preserve, but not in the burn area.
R-04-51 Page 3
Resource Protection
To ensure adequate protection of the area, staff has placed certain constraints on the project,
which are specified in the attached Permit to Enter. Among the conditions are the following:
0 District staff will be on-site for the duration of the event.
0 Santa Clara County Fire Department must minimize off-road driving of vehicles.
Archeological Review
Prior to the 1997 Project Wildfire exercise, the Silicon Valley Defense Space Consortium paid
for an archaeological review of the bum area. The review showed that there were no significant
archeological resources in the area.
CEQA COMPLIANCE
Project Description
The project consists of burning up to nine acres of grassland and sparse chaparral for the purpose
of training and study.
CEQA Determination
Staff concludes that this project will not have a significant effect on the environment. It is
categorically exempt from CEQA (the California Environmental Quality Act) under Sections
15304 and 15306 of the CEQA Guidelines as follows:
Section 15304 allows activities resulting in minor alterations to land such as grading,
landscaping, filling of earth, trenching, and backfilling. The proposed controlled bum is similar
to these activities in that it is only a temporary alteration to the land. In comparison to other
agencies who regularly conduct controlled bums of areas greater than 50 acres, the proposed
nine-acre bum is considered small, resulting in little impact to the land. The vegetation is a
grassland community. No trees will be removed and the reduction of thatch and competitive
species from the area will result in habitat improvements.
Further exemption is covered under Section 15306, which allows for "basic data collection,
research, experimental management, and resource evaluation activities." This project will
increase the District's knowledge of the role of fire in vegetation management.
PUBLIC NOTIFICATION
Neighbors, who live adjacent to the Rancho de Guadalupe area of Sierra Azul Open Space
Preserve, and those listed in the "Interested Parties," database have been notified of the Board's
consideration of this event.
Prepared by:
Gordon Baillie, Management Analyst
Cindy Roessler, Resource Management Specialist
Contact Person:
Gordon Baillie, Management Analyst
Regional Open Sp.-..,e
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
PERMIT TO ENTERA'FING 30 YEARS OF OPEN SPA(;E PRESERVATION
This Permit to Enter is by and between the Midpeninsula Regional Open Space District, a
California public District (hereinafter "MROSD"), and Santa Clara County Fire Department, a
California public Fire Protection District (hereinafter"COUNTY FIRE").
The parties hereby agree as follows:
1.0 Property
MROSD grants COUNTY FIRE permission to enter the portion of Sierra Azul Open Space
Preserve (hereinafter the "Property") located in unincorporated Santa Clara County, as shown on
the attached map (Exhibit 1) and as described below. Access to the Property for burning will be
via Hicks and Pheasant Roads.
Access may also be provided to some portions of the Bear Creek Redwoods Open Space
Preserve for training which does not involve burning, such as tent-shelter drills and handline
construction.
2.0 Purpose
This Permit to Enter is for the purpose of conducting a wildland prescribed burn in the areas
shown on the attached map (Exhibit 1) as referenced in the Incident Action Plan (hereinafter
"Project"), and related training.
3.0 Activity Conditions
The activity shall be subject to the following conditions:
1. COUNTY FIRE will be responsible for obtaining all necessary government permits for the
Project, including meeting the requirements set forth by the Bay Area Regional Air
Quality Management District.
2. COUNTY FIRE will write an Incident Action Plan (hereinafter the "IAP,") for the Project
and will manage the Project in accordance with the IAP. The IAP must be agreed upon
by MROSD at least two weeks in advance of the Project. The IAP will include a
minimum of the following elements:
a. Map of the planned burn site and planned access routes.
b. Plans for sanitation and other support services, such as food, etc.
c. Identification and protection of sensitive resource sites.
d. Number and type of fire apparatus assigned to the burn, and planned staging areas for
additional staffing and equipment.
i
33o Distel Circle 650-691-1200 Info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Lary Davey,Jed Cyr, GENERAL MANAGER:
I Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz L.Craig Britton
n e. Plan for mutual aid in case the fire escapes containment
nt lines.
f. Overview of command and control structure, including communications plan.
g. Plan for medical emergencies, including an identified helicopter landing zone.
h. Plan for post-fire monitoring and cleanup.
3. COUNTY FIRE will ensure that the Project is conducted under standard Incident
Command procedures, including the provision for a Safety Officer, and will be
responsible for the overall safe operation of the Project.
4. COUNTY FIRE will ensure that MROSD staff has an opportunity to use the Project as a
training opportunity by involving MROSD staff in the fire fighting and in the planning
and execution of the Project. COUNTY FIRE will allow at least one MROSD staff
member, of supervisor or higher level, to be present at the command post at all times.
Other MROSD staff or agents may be present as observers or participants. Participation
by MROSD staff for training purposes shall in no way limit or affect the Indemnification
and Release of Liability provisions set out in Section 6.0 of this permit to Enter.
i
5. COUNTY FIRE will limit off-road driving by fire apparatus to minimize soil compaction.
6. COUNTY FIRE will provide MROSD with a schedule of operations and keep MROSD
informed of any changes in the schedule.
7. COUNTY FIRE will be responsible for clean up of the burn site and any staging and
' transit areas that are on MROSD property.
8. COUNTY FIRE will patrol the burn site at least twice on each evening after completing a
day's burning. Any signs of re-ignition will be immediately extinguished and any re-
ignitions will be reported to MROSD.
9. In no event shall equipment or materials be left unattended on MROSD property.
10. MROSD shall provide COUNTY FIRE with lock combinations or keys for access to any
necessary gates.
11. COUNTY FIRE shall be the lead agency for fire suppression and control for the duration
of the Project.
12. A copy of this permit shall be maintained on site at all times while the Project is taking
place.
13. MROSD will be responsible for informing neighboring residents and adjacent land owners
of any site-preparation activities which involve burning (i.e. black-lining).
14. In the event that COUNTY FIRE produces for distribution a news release or other type of
media advisorypursuant to the Project MROSD will be provided with a draft of the
P Project,
release for review prior to distribution and will be given the opportunity to include in that
document a typical MROSD descriptive paragraph. If COUNTY FIRE engages in any
other publicity activity pursuant to the Project, MROSD shall be named as a cooperating
agency.
15. In the event that MROSD produces for distribution a news release or other type of media
advisory pursuant to the Project, COUNTY FIRE will be provided with a draft of the
release for review prior to distribution and will be given the opportunity to include in that
document a descriptive paragraph. If MROSD engages in any other publicity activity
pursuant to the Project, COUNTY FIRE shall be named as a cooperating agency.
16. COUNTY FIRE will continue to work with MROSD to provide additional training
opportunities (such as HazMat training) for MROSD staff at mutually acceptable dates and
locations.
17. COUNTY FIRE may also conduct related training, such as handline construction and tent-
shelter drills, which do not involve the use of live fire. The details of such training,
including location(s) and time(s) shall be arranged with the Foothills Area Superintendent
in advance.
I
4.0 Term
Access to the site for the purposes of this permit is limited to times and dates agreed upon (in
writing)between MROSD and COUNTY FIRE. In the event that the Project must be rescheduled,
this permit will still be valid as long as MROSD has written notification of the new dates and
MROSD has agreed in writing to the new date(s). In order to do site preparation, COUNTY FIRE
may also access the site on dates which are mutually agreed upon. In any event,this permit expires
on December 31, 2004.
5.0 Notice
Any notice or notices required or permitted to be given pursuant to this license may be personally
served on the other party by the parry giving such notice, or may be served by U.S. mail to the
following address:
MROSD: L. Craig Britton, General Manager
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
(650) 691-1200
(650) 691-0485 (FAX)
copy to: John Maciel, Operations Manager
- 3 -
COUNTY FIRE: Benjamin F. Lopes III
Santa Clara County Fire Department
14700 Winchester Blvd.
Los Gatos, CA 95032-1818
(408) 378-4010
(408) 378-4079 (FAX)
6.0 Indemnification and Release of Liability
COUNTY FIRE agrees that the use of equipment and tools on the property of MROSD shall be
effected with all reasonable diligence and precautions to avoid damage to the land, property, or
personnel of MROSD or to the public.
COUNTY FIRE hereby waives all claims and recourse against MROSD, including the right of
contribution for loss or damage to property,and releases,under this Permit to Enter,MROSD from
any liability related to or in any way connected to COUNTY FIRE's activities or COUNTY FIRE's
use of the Project site, premises, or facilities.
COUNTY FIRE agrees to indemnify, hold harmless, defend and protect MROSD, its officers,
officials, directors, agents, and employees from any and all claims, losses, damages, demands,
liabilities, suits,costs,expenses(including all reasonable attorney's fees),penalties,judgements,or
obligations whatsoever in connection with any injury,death,or damage to any person or property or
pecuniary or monetary loss that results from,arises out of, or in any way relates to the activities of
COUNTY FIRE, under this permit to enter, both on and off the Project site.
COUNTY FIRE and its agents shall have sole responsibility for the safeguard of their equipment,
property,and personnel(i.e.,employees,agents officers and guests)from any and all injury,death,or
damage.
7.0 Insurance
Throughout the term of this agreement,COUNTY FIRE,at its sole cost and expense,shall maintain
in full force and effect comprehensive automobile and general liability insurance covering bodily and
personal injury and roe damage arising out of the COUNTY FIRE's activities pursuant to this
p J ry property rty g g
Permit to Enter. Limits shall be not less than $5,000,000 per occurrence for bodily injury and
$500,000 per occurrence for property damage. This permit is not valid without COUNTY FIRE's
insurance in effect as shown on the attached Certificate of Insurance (Exhibit 2), which is made a
part of this permit. The policy shall name MROSD as an additional insured.
- 4 -
Throughout the term of this agreement,COUNTY FIRE,at its sole cost and expense,shall maintain
in full force and effect a policy of Worker's Compensation Insurance covering all its employees as
required by law. Each agency is responsible for the Workers Compensation coverage for their own
employees, volunteers and agents.
Such insurance policies shall not be cancelled or materially changed without thirty (30) days'
advance written notice to MROSD at the address shown under NOTICES.
These insurance requirements may be met by membership in a California Government insurance
pool. Proof of such coverage and membership must be provided to MROSD.
I
8.0 Cancellation
This Permit To Enter shall be cancelable by MROSD upon 24 hours notice to COUNTY FIRE.
I
The above Permit to Enter has been read and understood and is hereby agreed to and accepted.
COUNTY FIRE
By Date (Q d
Benjami . L pes VI, Fire Chief
i I
I
MIDPEN SULA,.,REGIONAL OPEN SPACE DISTRICT
By Date
L. Craig Britton, General Manager
Attest
Sally Tradt, Dist ' t erk
Attachments:
Exhibit 1 - Map of burn site
- 5 -
I
Sierra Azul Open Space Preserve
Midpeninsula Regional Open Space District
P .
low
Fire - - — a�oaa
Hydrants page
Cherry Springs , a
f Pond f
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Discline
/ Bum Area
0a04: ' Ail
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Exhibit 1, Page 1 0 200 400 800
- 6 -
II I
05l21/2004 09:03 488-778-8782 90CFD MMl E HILL PAGE 02
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CERTIFICATE RMSM CANCELEATMON
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330 Diftel Circle mvm
Lea Altos CA 94022-1604 RHEA
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Exhibit 2, Page 1
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"Idpeainsula 1le9ioanl OpmU Space District (MOSD) is added as additional
insvrMd ritlr raspects to Wildland firatighting tr"niVa drill Exam June 26,
2004 to July 17, 2004.
C£RTIFICATE HOLDER CANCELIATIom
MMSUM SMMO ANY OF THE ADM VE NCR8 p pa"E &BE GOACCLLID Meruap THE F7IPRA7I0
00.1F7"0n W,TNF W9VMM WLLL&KR51WM in NWL Ia OaYs WWrrel
IIidpanq nSul.a 8 g;i3Ot Xj OPMM NOTICE TO TTTB Cu M AW M UX-W&Wb To THE LM.OUT FATLUM To 00 30QIALL
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Exhibit 2, Page 2
Regional Open !, .ice
1
Meeting 04-12 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
May 26, 2004
AGENDA ITEM 3
AGENDA ITEM
Authorization to Contract with EDAW,Inc.to Provide Master lanning Services at Sierra Azul and Bear
Creek Redwoods Open Space Preserves and Authorization Con ct with Design, Community and
Environment, Inc. to Provide Master Planning Services at a Honda eek Open Space Preserve
GENERAL MANAGER'S RECOMMENDATION
1. Authorize the General Manager to contract with EDAW, an amount not to exceed$170,000 to
provide master planning services at Sierra Azul and Bear Creek Redwoods Open Space Preserves.
2. Authorize the General Manager to contract with Design,Community and Environment,Inc. in an
amount not to exceed $100,000 to provide master planning services at La Honda Creek Open Space
Preserve.
DISCUSSION
Preparation of master plans for Sierra Azul/Bear Creek Redwoods Open Space Preserves and for La
Honda Creek Open Space Preserve is a key component of the FY 2004-05 Planning Department Action
Plan. The purpose of these comprehensive planning projects is to develop a long-term vision for each
Preserve; establish the framework to protect the natural,cultural,and historic resources in these rural
landscapes;provide opportunities for recreation access, interpretation, and education that compliment the
protection of resources; and to use a collaborative, community-based approach to engage stakeholders
and the public in the planning process.
Qualifications were requested from local and regional planning firms with expertise in park and open
space planning,public participation,resource management,and CEQA compliance. Based on review of
the fourteen qualifications packages that were received, three firms were selected to provide detailed
proposals and to be interviewed for one or both of the master plan projects:
• Design, Community and Environment
• EDAW
• LSA Associates
The District staff was assisted in the consultant selection process by Jane Mark,Park Planner with the
Santa Clara County Department of Parks and Recreation,and Paul Ringgold, Director of Stewardship
with the Peninsula Open Space Trust. Based on the interviews,review of the firms' capabilities and past
experience, and analysis of the fee proposals,the panel concluded that EDAW was best suited to the
Sierra Azul/Bear Creek Redwoods project and that Design,Community and Environment(DC&E)was
the best match for the La Honda Creek project. Both firms showed a clear understanding of the District's
goals for science-based decision making, a robust public participation process,and flexibility and
responsiveness in working with District staff to develop a model planning process.
Both firms would utilize a team of highly qualified professionals and an approach that is tailored to the
unique conditions at each Preserve. EDAW is a large firm with tremendous in-house expertise to tackle
the complex issues at Sierra Azul and Bear Creek Redwoods Open Space Preserves. EDAW has
completed a number of comprehensive planning projects including the San Francisco Peninsula
R-04-52 Page 2
Watershed Master Plan, the Cloverdale Coastal Ranch Resource Management Plan, and the Sugarloaf
g g
Ridge State Park General Plan and EIR. EDAW has included Public Affairs Management on their team
to provide additional expertise in the development of a communications plan to fully engage stakeholders
and the public in the planning process.
DC&E also has extensive comprehensive planning experience.The firm specializes in stakeholder
participation and community-based consensus building. The DC&E team also includes Wolf Mason and
Associates and Jones and Stokes, a leader in the field of resource planning and environmental
assessment. Recent projects include the Guadalupe Watershed Stewardship Plan, the Gainesville Eco-
History Trail, and the Headwaters Forest Reserve Management Plan. The team is rounded out by Lisa
Bush, a certified rangeland manager, who has prepared numerous grassland management plans and
i
grazing assessments for organizations such as the Marin Agricultural Land Trust, California State Parks,
and the County of Marin.
Both firms are able to meet the budget requirements. A total of$170,000 was allocated for the Sierra
Azul/Bear Creek Redwoods master plan project, and$100,000 was allocated for the La Honda Creek
project. Both firms have the staff resources to meet the project schedule, which calls for the completion
of the master plans and associated environmental documents by May of 2005. Detailed implementation
plans would then be prepared for specific elements of the master plans, addressing topics such as
watershed protection, resource management, cultural resources protection,visitor education and
interpretation, trails and staging areas, and funding.
State Budget Consideration
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In order to balance the California state budget,the Governor has proposed to reduce property tax
revenues for cities, counties and special districts over the next two years. This proposal has been
generally accepted by the agencies, including the California Special Districts Association. As a result of
possible reductions in District property tax revenue, the Administration and Budget Committee will be
meeting to discuss the potential impact on the District's operating budget. This agenda item has budget
implications that may be affected by recommendations resulting from the Committee deliberations.
Given the delayed timing of the meeting of the Committee, it may be prudent for the Board to continue
this agenda item. Staff will provide an update at your meeting.
Prepared by:
Matt Freeman, Open Space Planner II
Contact person:
Cathy Woodbury, ASLA/AICP,Planning Manager
I
Region all +" en S ..,:e
-----------------------
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-04-56 C:Ei.EBRA`rING 30 YI=.AaS 011 OPEN SPACE PRESERVATION
Meeting 04-12
May 26, 2004
Agenda Item 4
AGENDA ITEM
Proposed Second Amendment to Purchase Agreement-Bargain Sale and Approval of Santa Clara County
Funding Agreement for the Former Lobner Property Addit�`n to Monte Bello Open Space Preserve
GENERAL MANAGER'S RECOMMENDATIO
1. Determine that the recommended actions as set out in this report are categorically exempt from the
California Environment Quality Act.
2. Adopt the attached Resolution authorizing the execution of the Second Amendment to Purchase
Agreement-Bargain Sale.
3. Adopt the attached Resolution authorizing the execution of the Funding Agreement with the
County of Santa Clara towards the purchase of the former Lobner property including conveyance
of an Open Space Easement over the former Lobner Property to the County.
4. Indicate your intention to dedicate the property as public open space,which supersedes your
decision of March 14, 2001.
DESCRIPTION(see attached map)
At your meeting of March 14,2001,you approved acquisition of the 40-acre Lobner property as an
addition to Monte Bello Open Space Preserve(see report R-01-31). This transaction also included a
District Right of First Offer to acquire the adjacent 10.79-acre property retained by the seller. As part of
the Purchase Agreement-Bargain Sale and Amendment thereto,the parties agreed to survey the common
east/west boundary between the subject property and the seller's retained property to determine the
location of five occupied rental cabins. If the survey determined that any of the occupied rental cabins
were located on the 40-acre property acquired by the District,the property boundaries would be adjusted to
include the occupied rental cabins as part of the seller's retained property. The boundary adjustment
would result in the District property continuing to contain approximately 40-acres and the seller's retained
property continuing to contain approximately 10.79-acres.
Lot Line Adjustment
In 2002,the survey was completed and determined that three of the five occupied rental cabins were
located on the 40-acre property acquired in May 2001(see Exhibit I). The contemplated boundary
adjustment was delayed because the County of Santa Clara was in the process of revising its ordinances
relating to boundary adjustments in 2002 and 2003. The new County ordinances required both the District
and the seller to submit a lot line adjustment application through the County of Santa Clara. The lot line
adjustment process will reconfigure the District 40-acre property and the seller's 10.79-acre retained
property as follows:
I
33o Distel Circle 650-691-1200 info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER:
Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz L.Craig Britton
III
R-04-56 Page 2
I I
1. The District will convey to the seller approximately 3.6-acres along the eastern boundary of
the 40-acre property, including the three rental cabins(see Parcel 2A on Exhibit II). The
seller's retained property will be reconfigured to include the five occupied rental cabins and
consist of Parcels 2 and 2A containing approximately 10.79-acres.
2. In exchange,the seller will convey to the District approximately 3.6-acres along the northern
boundary of the seller's retained property y(see I on Exhibit II). The reconfig
ured
District property will consist of Parcels 1 and 1 A containing approximately 40-acres.
The 3.6-acre area being conveyed to the District consists of the densely forested southeast-facing slopes of
Stevens Canyon,which will provide greater opportunities for a future trail connection between Lower
Stevens Creek County Park, Monte Bello Open Space Preserve, and Upper Steven Creek County Park.
In addition to the exchange of parcels needed to complete the lot line adjustment, a new Right of First
Offer will be recorded with the County that will include the new legal description of the seller's retained
property(Parcels 2 and 2A as shown on Exhibit II). The District will assume the responsibility for the
costs of the additional survey work and lot line adjustment application through the County of Santa Clara.
These costs are estimated at$15,730 for the lot line adjustment survey work, including the new legal
descriptions and record of survey, and$1,840 in County application fees for a total cost of$17,570. The
initial survey costs determining the east/west property boundary between the District 40-acre property and
the seller's retained property totaled$25,000,and the seller contributed$7,500 towards these costs(see
Report R-02-06). Therefore,the total survey and County application costs for this project are$42,570 with
the District share being$26,320 after an $8,750 contribution from the County.
SANTA CLARA COUNTY PARK FUNDING AGREEMENT
After discussions with the Santa Clara County Park and Recreation Department staff and their
recommendation to the Parks Commission Acquisition Committee, the County has generously agreed to
contribute$200,000 toward the District's purchase of this 40-acre property. In May 2001,the District paid
$1,200,000 to acquire the subject property. The County has also agreed to contribute an additional$8,750
towards the survey costs associated with this transaction,which will cover roughly half of the remaining
I
survey and lot line adjustment costs.
I
In exchange for the County's contribution,the County will receive an Open Space easement over the entire
40-acre property after the lot line adjustment and parcel reconfiguration are complete. The open space
easement requires that the property be maintained in a natural condition and that the District dedicate the
property as public open space. The dedication requirement will require a change in the Preliminary Use
and Management Plan. The easement also requires that the District submit any future significant
improvement plans for advisory review of the County and consult with the County on any future Master
Plans which include the subject property.
II
USE AND MANAGEMENT PLAN
The preliminary use and management plan was previously adopted at your March 14, 2001 meeting is
amended to indicate your intention to dedicate the property as public open space. The property will be
dedicated in December as part of the annual dedication report in accordance with the Board's Dedicated
Lands Policy.
I
i
R-04-56 Page 3
CEQA COMPLIANCE
This transaction was determined to be categorically exempt from CEQA(the California Environmental
Quality Act)at your March 14,2001 meeting. The findings detailed in the prior staff report(R-0 1-3 1)
remain in effect and unchanged. The project now also includes the conveyance of an open space easement
to the County of Santa Clara to preserve and maintain the open space nature of the property.
The District further concludes that the project is exempt under Article 19, Section 15317 which exempts
the establishment of easements in order to maintain the open space character of an area.
The District concludes that the action proposed in this report does not constitute a change to the project
which would result in any additional impact on the environment.
PUBLIC NOTIFICATION
Property owners of lands located adjacent to and surrounding the subject property have been mailed
written notices of this proposed acquisition.
Prepared by:
Michael C. Williams,Real Property Manager
Graphics:
Sumudu Welaratna, Open Space Technician
Contact person:
Michael C. Williams,Real Property Manager
RESOLUTION NO. 04-
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING EXECUTION OF THE SECOND
AMENDMENT TO PURCHASE AGREEMENT—BARGAIN
SALE,AUTHORIZING OFFICER OR GENERAL MANAGER
TO EXECUTE CERTIFICATES OF ACCEPTANCE OF
GRANTS TO DISTRICT,EXECUTE GRANT OF RIGHT OF
FIRST OFFER,AND GRANT DEED,AND AUTHORIZING
GENERAL MANAGER TO EXECUTE ANY AND ALL
OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO
CLOSING OF THE TRANSACTION(MONTE BELLO OPEN
SPACE PRESERVE—LANDS OF LOBNER)
The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows:
Section One. The Board of Directors of Midpeninsula Regional Open Space District does hereby accept
the offer contained in that certain Second Amendment to Purchase Agreement—Bargain Sale between
Darlene Lobner, an unmarried woman, as her sole and separate property, and the Midpeninsula Regional
Open Space District,a copy of which is attached hereto and by this reference made a part hereof, and
authorizes the General Manager to execute the Second Amendment to Purchase Agreement-Bargain Sale
on behalf of the District.
Section Two. This Second Amendment is incorporated into that certain Purchase Agreement-Bargain Sale
dated March 14, 2001 and First Amendment thereto as approved by Resolution 01-06 of the Board of
Directors. All of the remaining terms and conditions of said Purchase Agreement and First Amendment
thereto remain in full force and effect.
Section Three The General Manager or President of the Board of Directors or other appropriate officer is
authorized to execute Certificates of Acceptance for the Grant Deed and the Grant of Right of First Offer
on behalf of the District.
Section Four. The President of the Board of Directors or other appropriate officer is authorized to execute
the Grant Deed conveying real property rights by District.
Section Five. The General Manager of the District shall cause to be given appropriate notice of acceptance
to seller. The General Manager is further authorized to execute any and all other documents in escrow
necessary or appropriate to the closing of the transaction.
Section Six. The General Manager of the District is authorized to expend up to$20,000 to cover the cost
of title insurance,escrow fees, survey costs, lot line adjustment applications, and other miscellaneous costs
related to this transaction.
Section Six. The General Manager and General Counsel are further authorized to approve any technical
at
revisions to the attached Second Amendment and documents which do not involve any material change to
an term of the Agreement or documents which are necessary or appropriate to the closing or
Y $7' D' g
implementation of this transaction.
RESOLUTION NO. 04-
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING EXECUTION OF THE FUNDING AGREEMENT
WITH THE COUNTY OF SANTA CLARA,EXECUTE OPEN
SPACE EASEMENT AND AUTHORIZING GENERAL MANAGER
TO EXECUTE ANY AND ALL OTHER DOCUMENTS
NECESSARY OR APPROPRIATE TO CLOSING OF THE
TRANSACTION(MONTE BELLO OPEN SPACE PRESERVE—
LANDS OF LOBNER)
The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows:
Section One. The Board of Directors of Midpeninsula Regional Open Space District does hereby accept
the offer contained in that certain Funding Agreement Between the County of Santa Clara and
Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a
part hereof, and authorizes the General Manager or President or appropriate officer to execute the
Agreement on behalf of the District.
Section Two. The President of the Board of Directors,or other appropriate officer, is authorized to execute
the Open Space Easement conveying real property rights by District to the County of Santa Clara as
provided in said Agreement.
Section Three. The General Manager of the District shall cause to be given appropriate notice of
acceptance to the County. The General Manager is further authorized to execute any and all other
documents in escrow necessary or appropriate to the closing of the transaction.
Section Four. The General Manager and General Counsel are further authorized to approve any technical
revisions to the attached Agreement and documents which do not involve any material change to any teen
of the Agreement or documents,which are necessary or appropriate to the closing or implementation of
this transaction.
Exhibit
Existing Configuration - Parcel 1 and Parcel 2
� r
_ Monte,,,BelloLO
;
Open Space Preserve
East/West '`ry
Property Parcel
undary ( PN 351-13-018
Apprrooxi�ate \ Approxi tely
Vacant Gab 10.79 ac s
Location ■
Pa cel 1 ■
351-13-007) Approximate
■ Location
of Cabins
Approximately 40 acres ■
sS'f�
7S
as _
Charcoa/Road
Upper'Stevens Cree
.`County Par ..
I —
J
1 +
Saratoga Gap Open
/ Space Pre'" erve /"
/ e Feet
0 212.5 425 850
12103
GJPROJECTS/MONTE_BELLO/LOBNER/LOBNER EXISTING_CONFIGURATION 11 VP 4/13104
Exhibit II
Configuration of Parcels After
Proposed Lot Line Adjustment
t �G •• 1
Monte Bello
Op n Space Preserve
Parcel 1 A �
East/West
Property
undary
\-Paroel-2
Approkirriate
Vacant Cabin Approximately Lot Line
Location 10.79 acres Adju meet Areas-
Pa ell ■ Appro imately 3.6 \
Approximate acres each '`
Location
■
Approximately of Cabins
40 acres
Parcel 2A
- 7S
0.
Charcoal Road
a
pper' teve s Cree
County Pa
Saratoga Gap Open
Space Pre' erve
/ f eFeet
0 230 460 920
12/03 ----__
GJPROJECTS/MONTE_BELLO/LOBNERIAFTER_LOBNER LOTLINEADJUSTMENT.M%D 11 VP 4113104
G0
-Roo, k
t..c f
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i
i
li
SECOND AMENDMENT TO PURCHASE AGREEMENT - BARGAIN SALE
THIS AMENDMENT TO PURCHASE AGREEMENT- BARGAIN SALE("Amendment") is
made and entered into as of May 2004, by and between DARLENE LOBNER, an unmarried
woman as her sole and separate property who acquired title as Darlene Lobner Stager
("Seller") and MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District formed
pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code
("District").
A. District and Seller are parties to that certain Purchase Agreement - Bargain
Sale dated March 14, 2001 (the "Purchase Agreement"). The Purchase Agreement was
previously amended by Amendment to Purchase Agreement-Bargain Sale dated
May 9, 2001("First Amendment"). The Purchase Agreement and the First Amendment are
collectively referred to as the "Agreement".
B. Seller and District desire to complete the reconfiguration of Parcel 1 acquired
by the District and Parcel 2 retained by Seller so that five occupied rental cabins are located on
Parcel 2, as contemplated by the Purchase Agreement and the First Amendment thereto.
C. District and Seller now desire to further amend the Purchase Agreement solely
as set forth in this Second Amendment.
D. Capitalized terms used in this Amendment and not otherwise defined shall have
the meanings ascribed to them in the Purchase Agreement.
AGREEMENT
Now, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, District and Seller hereby agree as follows:
1. Section 3 of the Agreement, as amended by the First Amendment, is hereby
further amended to read as follows:
A. Survey as Covenant. Six (6) cabins are located on Parcel 1 and Parcel 2 as
described herein. Five of said cabins are occupied as rentals and one cabin is vacant and in
poor condition. The vacant cabin is located entirely on Parcel 1. Three (3) of the five (5)
occupied rental cabins are located entirely on Parcel 1. Seller desires to retain all of the five
(5) occupied rental cabins as a part of Seller's Parcel 2. Therefore, both parties understand
and agree that it is Seller's intent that the five (5) occupied rental cabins be retained by Sel
ler
as part of Seller's Parcel 2 by means of a Lot Line Adjustment as described in Section 3.E
herein. Seller and District agreed that subsequent to the Closing (as defined in Section 4
herein), the Seller and District would jointly hire a licensed land surveyor ("Surveyor")
acceptable to the parties hereto to complete a survey to determine the common east/west
property boundary between said Parcel 1 and Parcel 2. The survey was completed as
contemplated by the Agreement. The purpose of the survey was to determine the location of
Page 1
I
Seller's existing occupied rental cabins in relation to said east/west property boundary and
domestic water easements if necessary, as shown in Exhibit "I" attached hereto and
incorporated by this reference.
B. Legal Descriptions. The survey determined that three (3) of the five (5)
rental cabins are located on or partially on Parcel 1, as shown on Exhibit I attached hereto and
incorporated by this reference. Accordingly, District and Seller agree that they will diligently
pursue the preparation of revised legal descriptions to adjust the boundary between Parcel 1
and Parcel 2 to include the five (5) occupied rental cabins as part of Seller's Parcel 2 by means
of a Lot Line Adjustment as set out herein. The parties intend that the revised legal
description for Parcel 2 will include the five occupied rental cabins while still containing
approximately 10.79 acres, and the revised legal description for Parcel 1 will contain
approximately 40 acres.
C. Payment of Surveyor. The parties agree and acknowledge pursuant to
the Agreement, the Seiler has paid $7,500 as its share of the initial survey costs. The parties
further agree and acknowledge that the Seller has no further obligation to pay for any survey
costs and or any the Lot Line Adjustment costs as described in Section 3.E herein. The
District assumes responsibility for any and all additional required survey and Lot Line
Adjustment costs.
D. Re-recording of Documents. The parties agree that revised legal
descriptions are required to adjust the boundary between Parcel 1 and Parcel 2 to include the
five occupied rental cabins as part of Seller's Parcel 2 in accordance with Section 3.13 of the
Agreement. Seller agrees to promptly execute and deposit into escrow a new Grant Deed with
the revised legal description of Parcel 1 to include the additional Parcel lA as shown on
Exhibit II hereto, which is incorporated herein by reference, and a new Grant of Right of First
Offer with the revised legal description for Parcel 2 to include the additional Parcel 2A as
shown on Exhibit II hereto. District agrees to promptly execute and deposit into escrow a
Grant Deed with the legal description of Parcel 2A as shown on Exhibit II hereto, conveying
Parcel 2A to Seller and the required Certificate of Acceptance for the Seller's Grant Deed and
Grant of Right of First Offer. District shall pay any additional escrow fees for amending the
Districts Standard Policy of Title Insurance and any recording fees.
E. Lot Line Adjustment. To complete the reconfiguration of Parcel 1 and
Parcel 2 in accordance with Section 3 of the Purchase Agreement, the Seller and District have
filed, as co-applicants, a Lot Line Adjustment application with the County of Santa Clara.
The of the Lot Line Adjustment is to adjust the boundary of Parcel 2 to include Parcel
purpose
2A so as to include the five (5) occupied rental cabins while still containing approximately
10.79-acres, and to adjust the boundary of Parcel 1 to include Parcel lA and to still contain
approximately 40 acres, as shown on Exhibit II. The purpose of the Lot Line Adjustment is to
merge Parcel lA with Parcel 1 into a single legal parcel, and to merge Parcel 2A with Parcel 2
into a single legal parcel. Upon approval of the Lot Line Adjustment by the County, the
Seller and District agree to promptly direct the Escrow Holder to cause the documents
specified in Section 3.1) above to be recorded. As part of the Lot Line Adjustment approval
Page 2
by County of Santa Clara, the parties will use their best efforts to obtain from the County a
Certificate of Compliance as evidence that Parcel 2, as adjusted by the Lot Line Adjustment to
merge with Parcel 2A, is a legally subdivided parcel. District shall pay all Lot Line
Adjustment application fees required by the County of Santa Clara and any additional survey
costs required to prepare the Lot Line Adjustment and corresponding Record of Survey.
2. Ratification. The Purchase Agreement and First Amendment to Purchase
Agreement, as amended by this Second Amendment to Purchase Agreement, shall continue in
full force and effect.
IN WITNESS WHEREOF, Seller and District have executed this Amendment as of the day
and year first written above.
DISTRICT: SELLER:
Midpeninsula Regional Open
Space District
By:
L. Craig Britton, General Manager Darlene Lobner, an unmarried woman as
her sole and separate property
Date:
Approved as to Form:
By:
Susan Schectman, General Counsel
Page 3
FUNDING AGREEMENT
Upper Stevens Creek County Park & Monte Bello Open Space Preserve
This is a Funding Agreement (Agreement) between the COUNTY OF SANTA CLARA
(COUNTY) and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT (DISTRICT) for the
contribution of COUNTY funds for the DISTRICT's acquisition of real property next to
COUNTY's Upper Stevens Creek County Park and DISTRICT's Monte Bello Open Space
Preserve.
RECITALS
A. The DISTRICT purchased from Darlene Lobner Martin (Seller) for parks and open space
purposes property described and shown in Exhibit A (Property), which is attached and
incorporated by reference. The DISTRICT acquired the Property for One Million Two
Hundred Thousand and No/100s ($1,200,000.00).
B. The Property adjoins lands owned by COUNTY and DISTRICT. DISTRICT acquired title
and possession of the Property on May 31, 2001, pursuant to the Purchase Agreement
between DISTRICT and Seller dated March 14, 2001, and approved by the District's Board
of Director's by Resolution No. 01-06.
C. The Property is shown in the Regional Parks, Trails, and Scenic Highways Element of the
General Plan and the County-wide Trails Master Plan of Santa Clara County as potential
parkland and a regional trail corridor respectively.
D. COUNTY wishes to enhance the park, open space, and regional trail facilities of the area
by contributing funding to the DISTRICT'S acquisition of the Property. DISTRICT and
COUNTY agree that DISTRICT shall hold fee title to the Property and manage the Property
as part of the DISTRICT'S Monte Bello Open Space Preserve. COUNTY shall receive an
Open Space Easement over the Property.
E. COUNTY has agreed to provide $8,750 toward surveying services to determine the
property boundaries so that DISTRICT could seek a lot line adjustment to ensure that
existing structures remain with Seller's adjoining parcel.
Therefore, it is agreed as follows:
1. PURPOSE OF AGREEMENT
The purpose of the Agreement is to provide the conditions for COUNTY funding to
reimburse the DISTRICT for a portion of the DISTRICT's purchase of the Property to add to
park, recreation, scenic and open space lands along Stevens Canyon next to COUNTY's
Upper Stevens Creek Park and DISTRICT's Monte Bello Open Space Preserve subject to the
conveyance in Paragraph 5.
2. COUNTY CONTRIBUTION
COUNTY shall contribute Two Hundred Thousand and No/100 Dollars ($200,000.00) to
DISTRICT for the DISTRICT's purchase of the Property. COUNTY will also reimburse
DISTRICT $8,750 for survey expenses incurred for the lot line adjustment.
In consideration of County's contribution, DISTRICT shall convey to COUNTY an open
space easement over the Property in the form set out in the attached Exhibit A, which is
incorporated by reference. DISTRICT shall dedicate the Property to public use as described
Page 1 of 9
in Section 4 below.
3. ACQUISITION RESPONSIBILITY
DISTRICT shall be responsible for all acquisition activities for the purchase of the
Property.
4. DEDICATION.
DISTRICT shall dedicate its interests and rights in the Property according to Section
5540 of the California Public Resources Code.
S. HOLD HARMLESS.
DISTRICT shall defend, hold harmless and indemnify COUNTY, its officers, agents, or
employees from all claims for injuries to persons or damage to property which arise from
the provisions of this Agreement and which result from negligent acts or omissions of
DISTRICT, its officers, agents or employees.
6. RECITALS & EXHIBITS.
The recitals above and the attached exhibits are incorporated into the terms of this
Agreement by reference.
This Agreement shall take effect on the latest date shown below:
COUNTY OF SANTA CLARA MIDPENINSULA REGIONAL
OPEN SPACE DISTRICT
By: By:
Pete McHugh, Chair Mary Davey
Board of Supervisors President, Board of Directors
Attest: Date:
Phyllis a. Perez Attest:
Clerk Board of Supervisors By:
Date: Sally Thielfoldt
Acting District Clerk
Approved as to form and legality:
Form and legality approved:
Kathryn A. Berry, Deputy County Counsel By:
Susan M. Schectman, General Counsel
Date:
Page 2 of 9
EXHIBIT A
Recording requested by and
when recorded return to:
County of Santa Clara
Parks and Recreation Department
298 Garden Hill Drive
Los Gatos CA 95032
Attn: Real Estate
No Documentary Transfer Tax due:
Revenue &Taxation Code §11922
Exempt From Recording Fees:
Government Code §§6103, 27383
Park: Upper Stevens Creek
OPEN SPACE EASEMENT Project: Lobner/MROSD
APN:
RECITALS
A. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT (DISTRICT) and the COUNTY OF
SANTA CLARA (COUNTY) have entered into an agreement (Agreement) dated,
, 2004, in which the COUNTY granted $200,000 and survey costs
up to $8,750 to enable DISTRICT to purchase real property located in an
unincorporated area the County of Santa Clara, as described and shown in Exhibit I
(Open Space Property) and now part of the Monte Bello Open Space Preserve.
B. DISTRICT and COUNTY wish to maintain the Property as part of the open space,
recreation, ecological and aesthetic resources of the midpeninsula area in perpetuity.
THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, DISTRICT
grants to COUNTY an easement on the Property for public open space and recreation
purposes as follows:
1. PURPOSE
The purpose of this Easement is to assure that the Open Space Property will be
retained in perpetuity in its natural, scenic, open space and wooded condition and to
prevent any use of the Open Space Property that will significantly impair or interfere with
its natural, scenic, open space wooded condition and recreational values. Accordingly, this
Easement restricts the use of the Open Space Property for the purposes of public
recreation, nature study, enjoyment of views, open space, natural habitat, preservation,
environmental protection, wildlife oriented education or research, compatible agriculture,
and related uses consistent with this Easement, and according to the policies of DISTRICT
for use and management of its open space lands.
2. RESTRICTIONS ON USE BY DISTRICT
DISTRICT covenants and agrees for itself and its successors and assigns that
DISTRICT shall strictly adhere
re to the following, except where contrary rights are specifically
Y
retained as described in section 3 below:
Page 3 of 9
a. Dedication. DISTRICT shall dedicate the Open Space Property for public park, low
intensity recreation, open space, and compatible agriculture purposes in perpetuity
according to Section 5540 of the Public Resources Code of the State of California.
b. Natural Resources. No native plant, tree or wildlife species shall be disturbed now
or in the future on the Open Space Property except to abate disease, eliminate an
imminent hazard to the health, safety, or welfare of the general public, or as
approved by DISTRICT as part of a plan for public access, resource management,
and restoration described in Section 3 below, without the prior consent of COUNTY
or its successor or assignee.
c. COUNTY Review. COUNTY reserves the right to review and comment on any plan
for significant improvements to the Open Space Property such as, but not limited
to, those improvements and restoration plans described in Section 3 below. At a
minimum, DISTRICT shall submit to COUNTY a site plan showing the location of
the proposed improvements or restoration before DISTRICT's final approval.
Within (60) days from submission of plans to COUNTY, COUNTY shall provide
written to comments to DISTRICT. Comments shall be advisory only. DISTRICT
shall consider COUNTY's comments but shall be free to accept, reject, or modify
the plans as deemed necessary. DISTRICT shall make the final decision as to any
plans or improvements for the Open Space Property consistent with the terms and
conditions of this Easement.
d. Master Plan. If DISTRICT prepares a Master Plan for Monte Bello Open Space
Preserve that includes the area of the Open Space Property, DISTRICT shall
consult COUNTY during the development of the Master Plan. If a committee or
task force is formed to assist with preparation of the Master Plan, DISTRICT shall
offer to include a COUNTY representative in such a committee or task force.
3. DISTRICT'S PERMITTED USE AND RIGHTS
a. DISTRICT Use. DISTRICT reserves the right to use the Open Space Property for
open space purposes in any manner consistent with the DISTRICT's Basic Policies,
the stated purposes, terms, conditions, restrictions and covenants of this
Easement, DISTRICT's enabling legislation, and with existing zoning and other
laws, rules and regulations of the State of California and the County of Santa
Clara, or any other agency having jurisdiction, as such laws, rules and regulations
may hereafter from time to time be amended.
b. Planning, Development & Operation. DISTRICT may plan, develop, and use the
Open Space Property for public open space, protection of natural habitat, low
intensity recreational use, and compatible agricultural use in accordance with
DISTRICT policies and ordinances. DISTRICT may plan, design, construct and
operate public open space facilities, including but not limited to multi-use trails,
public parking areas, public restrooms, wildlife observation and environmental
educational facilities, picnic areas, backpack camps, employees residences,
maintenance facilities, and related infrastructure such as water systems, and
consistent with the limitations set forth in Section 2 above.
c. Natural Resource Projects. DISTRICT may conduct natural resource restoration
and resource management projects, including, but not limited to, removal of non-
native or diseased vegetation, afforestation, or reforestation with native plants, or
for scientific study, and consistent with limitations set forth in Section 2 above.
d. Restoration. DISTRICT may restore cultural, historical and agricultural land uses
deemed consistent with protecting the property's natural resources and compatible
with public open space facilities described above, and consistent with limitations
set forth in Section 2 above.
Page 4 of 9
e. Enforcement. DISTRICT may enforce any law, statute, ordinance, regulation, code
or rule of any lawful governmental authority, including but not limited to
DISTRICT's Regulations for Use of Midpeninsula Regional Open Space District
Lands, as are now in effect and as such may hereinafter be amended from time to
time.
f. DISTRICT Policies & CEQA. DISTRICT shall plan, use, and manage the Open
Space Property according to all applicable DISTRICT land management policies and
CEQA, including environmental review and processes for incorporating public input,
public workshops, and public hearings before DISTRICT Board approval and
implementation of any use or management plans.
4. CONDEMNATION
If another public or quasi-public agency seeks to acquire the Property for another
public use, Section 1240.680 of the Code of Civil Procedure and Section 5542.5 of the
Public Resources Code shall apply and be asserted by both COUNTY and DISTRICT.
5. ENFORCEMENT
DISTRICT grants to COUNTY the right, but not the obligation, to enter upon the Open
Space Property to monitor and enforce any term, condition, restriction, or covenant of this
Easement or to prevent or prohibit the violation of any conditions, restrictions, or covenants
of this Easement, which will or may destroy the natural and scenic characteristics of the
Open Space Property.
6. COSTS AND RESPONSIBILITIES
DISTRICT retains all responsibility and cost for the ownership, operation, upkeep, and
maintenance of the Open Space Property. DISTRICT shall keep the Open Space Property
free of any liens arising out of any work performed for, materials furnished to, or
obligations incurred by DISTRICT. DISTRICT,
its successors, and assigns shall be
responsible for, indemnify, and save harmless COUNTY, its officers, agents, and employees
from all liabilities, claims, demands, damages, or costs arising from the injury or death of
any person or physical damage to any property, any act, omission or condition occurring on
the Open Space Property, except for the active negligence of COUNTY its officers, agents or
employees. DISTRICT's duty to indemnify and save harmless includes the duty to defend
as set forth in Civil Code Section 2778.
7. RECORDING
COUNTY shall record this Easement in the Official Records of Santa Clara County,
California. COUNTY may re-record this Easement whenever re-recording is required to
preserve COUNTY's rights in this Easement.
S. GENERAL PROVISIONS
a. Choice of Law. The internal laws of the State of California shall govern the validity
of this Easement, the construction of its terms, and the interpretation of the rights
and duties of the parties, regardless of any choice of law principles.
b. Rights Cumulative. Each and all of the parties' various rights, powers and
remedies shall be considered cumulative with and in addition to any other rights,
powers, and remedies which the parties may have at law or in equity in the event
of the breach of any of the terms of this Easement. The exercise or partial
exercise of any right, power, or remedy shall neither constitute the exclusive
election thereof nor the waiver of any other right, power, or remedy available to
such party.
Page 5 of 9
c. Notice. Whenever either party wishes or is required to give any notice, demand,
or request concerning this Agreement, each such communication shall be in writing
and deemed to have been validly served, given, or delivered:
* if deposited in the United States mail, registered or certified, and return
receipt requested with proper postage prepaid or;
0 if delivered by Federal Express or other private messenger, courier or other
delivery service or;
0 if sent by facsimile transmission by telex, telecopy, telegraph or cable or
other similar electronic medium and addressed as indicated as follows:
COUNTY: DISTRICT:
Parks and Recreation Department Midpeninsula Regional Open Space
298 Garden Hill Drive District
Los Gatos CA 95032 330 Distel Circle
Attn: Director Los Altos CA 94022
TEL: (408) 355-2200 Attn: General Manager
FAX:(408) 355-2290 TEL: (650) 691-1200
FAX: (650) 691-0485
A confirmed copy of telegraphic, facsimile, or cabled notice shall promptly be sent by
mail to the addressee. Service of any such communication made only by mail shall be
deemed complete on the date of actual delivery as indicated by the addressee's
registry or certification receipt or at the expiration of the fourth (4th) business day
after the date of mailing, whichever is earlier. Either party may designate a different
mailing address or a different person to whom such notices or demands are thereafter
to be addressed or delivered by notice in writing served upon the other as stated
above. Nothing contained in this Agreement shall excuse either party from giving oral
notice to the other when prompt notification is appropriate, but any oral notice given
shall not satisfy the requirements provided in this Section.
d. Severab"lit . If any provision of this Easement or the its application to any person or
circumstance is found invalid, the remaining provisions of this Easement or their
application to persons or circumstances (other than those for which it is found invalid)
shall not be affected so long as the purposes of this Easement can still be carried out.
e. Costs of Enforcement. The prevailing party in the any litigation or arbitration between
the parties to enforce or to interpret the terms of this Easement shall be entitled to
recover court or arbitration costs and reasonable fees of attorneys, accountants,
consultants, and expert witnesses incurred by such party for the litigation or
arbitration, including costs and fees incurred because of any appeals. The prevailing
party also shall be entitled to recover all costs and fees that may be incurred in
enforcing any judgment or award. This provision shall not be merged into any
judgment, but shall survive any judgment.
f. Captions. The captions in this Easement have been inserted solely for convenience of
reference and are not a part of this Easement and shall have no effect upon
construction and interpretation.
9. ENFORCEABLE COVENANT AND RESTRICTION
This Easement and every term, condition, restriction and covenant in it is intended for
the benefit of COUNTY, its successors or assigns and constitutes an enforceable restriction.
DISTRICT and COUNTY expressly intended that this covenant is to run with the land to
constitute an equitable servitude and shall bind every successive owner of the Open Space
Property or of any interest in it, and shall be enforceable by COUNTY, its successors and
assigns.
Page 6 of 9
10. BENEFIT
This Easement is made for the sole benefit and protection of DISTRICT and COUNTY.
Nothing in this Easement shall be deemed to require the approval or consent of any third
party, owner, or occupant of any other parcel of real property located in or out of the
DISTRICT's boundaries other than COUNTY or to create any right in any third party for
enforcement of the terms of this Easement.
This Easement has been executed on the date shown below.
i
MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT
By:
Mary Davey
President, Board of Directors
Date:
I
State of California )
County of Santa Clara ) ss.
On , 2004, before me, a Notary
Public in and for said State, personally appeared Mary Davey, who proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to this instrument, and
acknowledged to me that he executed the same in his capacity, and that by his signature on the
instrument, the person or the entity upon behalf of which the person acted executed the instrument.
Notary Public
'I
Page 7of9
II ''
i
EXHIBIT I
[Insert Legal Description]
II 'III
I
III
Page 8 of 9
I
[Insett Map]
Page 9 of 9
Regional Open Sl__.✓e
-04-50
Meeting 04-12 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
May 26, 2004 CELEBRATING 30 YEARS OF OPEN SPACE PRESERVATION
AGENDA ITEM 5
AGENDA ITEM
Authorize the General Manager to enter into a contra t agreement for the redesign of the
District's Web Site with Yellowduckdesign, Inc. in Amount Not to Exceed $28,000.
GENERAL MANAGER'S RECOMMENDA
Authorize the General Manager to enter into a professional service contract of$28,000 for the
redesign and improvement of the District's web site with Yellowduckdesign, Inc., a San
Francisco-based firm with expertise in web graphic design and technical programming as
described in the body of this report.
DISCUSSION
The District's website is an increasingly important tool for effective and timely communication
with our constituents and the general public; however,the current site structure and display of
information is somewhat difficult to navigate and maintain. Originally developed by select
dedicated volunteers, the existing site will not adequately serve the current and future demands
of the District. The site needs experienced web developers and graphic designers to make it
functional and appropriate for its role as one of the main sources of District information
dissemination to the public.
The purpose of the website redesign project is to: (1) create a new appearance for the District's
web site that replaces the current site and (2) re-engineer the structure of the current site so that it
functions more efficiently, is easy to maintain with minimal amount of technical knowledge, and
allows the District to obtain feedback from a variety of user groups.
The consultant will redesign the layout of the current District website to simplify and
compartmentalize sections of similar information into logical groupings. The consultant will also
add new technical features to increase functionality for both the District and the public. The
redesigned site will be based on a simple technological framework completely manageable with
Macromedia Dreamweaver Version 6.0 software that the District already owns and uses to
maintain and update the existing site. The site will also include a content management tool for
frequent updates that require no technological understanding of computer programming or html
language.
Specifically, the updated website will have the following capabilities and/or features:
Design
• Graphic elements appropriate for reasonably fast loading of pages at speeds comparable
to a 56k dial-up connection.
;;o Distel Circle 650-691-1200 info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER:
Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz L.Craig Britton
R-04-50 Page 2
• New color schemes that are visually pleasing and provide comfortable contrast for easy
reading, those who are color-blind, and better reflect the image of an open space
preservation organization.
• Different color schemes for different major sections of the site that are coordinated to be
complementary throughout the site.
Technical Features
• Support for Windows, Macintosh, UNIX,Netscape, and Explorer browsers.
• Network bandwidth for a largely external audience that uses medium-speed connections
typical of suburban homes and low-speed modems for those using dial-up connections.
• Based on "cascading style sheets" or templates. The consultant will provide templates for
future content build-out.
• Content Management System for frequently updated sections of the site such as posting
press releases, Board meeting agendas and minutes,job announcements, etc.
• Rely on Macromedia Dreamweaver for more technical changes to site design and
information. (Select staff will receive Dreamweaver training if needed.)
• Compatibility with the "eNature.com" database of information on wildlife, plant
communities that would be accessed through the District site.
• Separate sub-domains for specific user groups (i.e. volunteers, docents, Board members),
• Built-in capability for users to submit information through forms, along with templates to
create new forms by District staff having limited technical web expertise.
• Site map to allow users to easily navigate the site and find specific information.
The District will work with the consultant to determine if it is technically feasible and cost-
effective to include the following additional features in the new site:
• On-line credit card donation system using a credit card transaction service.
• Video stream using District-owned video footage.
The consultant is expected to instruct a small group of key District staff on website functions,
content management, and use of the Macromedia Dreamweaver software application where
appropriate. In this way, the site can be maintained and updated as needed without further
consultant services. In addition, the consultant will make recommendations to District staff about
how best to use current staff positions for regular maintenance of the website, uploading and
changing content, and adding pages through the use of"templates".
To select a consultant for the redesign project, the District released a Request for Proposal (RFP)
on April 5, 2004. Five proposals were received from consultant firms, from which three firms
were selected to interview. Two of the final three firms selected were equally qualified and
responsive, with excellent references. Yellowduckdesign, Inc. offered a 20 percent
nonprofit/public sector discount and therefore provided the best price for the District's needs for
this project.
The District identified the need to redesign the website and included $30,000 for the website
redesign project and a database consultant in the FY 2004-2005 budget. Thus, funds are
available in the amount requested for this project; however, funds would be limited for future
database needs.
R-04-50 Page 3
State Budget Consideration
In order to balance the California state budget, the Governor has proposed to reduce property tax
revenues for cities, counties and special districts over the next two years. This proposal has been
generally accepted by the agencies, including the California Special Districts Association. As a
result of possible reductions in District property tax revenue, the Administration and Budget
Committee will be meeting to discuss the potential impact on the District's operating budget.
This agenda item has budget implications that may be affected by recommendations resulting
from the Committee deliberations. Given the delayed timing of the meeting of the Committee, it
may be prudent for the Board to continue this agenda item. Staff will provide an update at your
meeting.
Prepared by:
Michelle Jesperson, Management Analyst
Contact person:
Michelle Jesperson, Management Analyst
Sally Thielfoldt, Assistant General Manager
Regional Open Sp__.:e
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
CELEBRATING 30 YEARS OF OPEN SPACE PRESERVATION
R-04-53
Meeting 04-12
May 26, 2004
AGENDA ITEM 6 _
AGENDA ITEM
Cancellation of June 9, 2004 Regular Board Meeting.
GENERAL MANAGER'S RECOMMENDATION
Cancel your June 9, 2004 Regular Meeting.
DISCUSSION
During the week of June 7, 2004 the General Manager, one Department manager and three
Board members will be out of town. Any anticipated District projects requiring Board approval
can be presented at the second meeting on June 23, 2004 without any adverse effect on District
business.
Prepared by:
L. Craig Britton, General Manager
Contact person:
Same as above
;;o Distel Circle 650-69t-1200 info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER:
Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz L.Craig Britton
Regional Open S, Ice
1
R-04-55 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 04-12
May 26, 2004
AGENDA ITEM 7
AGENDA ITEM
Approval of the Notice of Completion of Contract for the Re val of Lead-Based Paint and Repainting
Four Buildings at Skyline Ridge Open Space Preserve
GENERAL MANAGER'S RECOMMENDAT N
Authorize the General Manager to execute the attached Notice of Completion and Acceptance of Work
for the lead based paint-stabilization, and painting of the existing shop building, stable building,and two
out buildings at the Skyline Field Office, in Skyline Ridge Open Space Preserve.
DISCUSSION
At your October 8, 2003 meeting, the Board authorized the General Manager to enter into a contract with
Diamond Painting Company of Suisun,to do the lead paint stabilization and painting project at the
Skyline shop buildings for the base bid amount of$39,999.00 plus a contingency amount of$4001.00,
for a total contract amount not to exceed$44,000.00(see Report R-03-100).
The work done by Diamond Painting Company included labor and materials to stabilize the lead-based
paint, and painted the four lead contaminated buildings. In addition,Diamond Painting primed and
painted the woodshop building and the trim on the office building to match the other buildings, although
they were not treated with lead-based paint. Lead-based paint stabilization involved scraping and
removing loose paint chips from the structure and the immediate surrounding area, and securing loose
siding and trim, applying caulk as required,and applying epoxy to fix areas of localized dryrot damage.
The District hired Stan Reynolds, the lead paint consultant to ensure the standards of lead paint cleanup
were met. The District staff found that the initial scraping did not provide adequate lead paint
stabilization. The buildings at the Skyline shop are very old and the paint was peeling to an excessive
degree. The options at this point were to continue with further scraping, or use a lead paint encapsulating
primer. The District staff chose to use the encapsulating primer, and paid for the additional cost of the
new primer, less the cost of the originally specified primer. At this time,work on this project was ceased
through the winter,waiting for warmer weather to ensure that this new primer cured properly. In April of
2004,the project was re-started and completed. The encapsulating primer was applied, and then the final
top coats of red and white paint were applied.
After conducting a final inspection with Stanley Reynolds Consulting,to ensure the standards of lead
paint cleanup were met, staff has accepted the work as complete. The total cost of the contract was
$39,953.03. The District shall withhold a ten percent retention of$3,995.30 to be paid thirty-five days
after completion and formal acceptance of the work.
Prepared by:
Sumudu Welaratna,Planning Technician
Contact Person:
Same as above
ot.+ OfOHESi
FRfE
when recorded mail to:
Midpeninsula Regional
Open Space District
330 Distel Circle
Los Altos, CA 94022
Attention: Planning Dept.
DULY RECORDED WITHOUT FEE
Pursuant to Government Code
NOTICE OF Sections 6103, 27383.
COMPLETION
By:
NOTICE IS HEREBY GIVEN by order of the Board of Directors of the Midpeninsula Regional Open Space District,
pursuant to State law that work to be performed under the contract heretofore made and executed by and between the
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, as Owner therein, and Diamond Painting Company, as
Contractor therein, bearing the date October 31, 2003 for lead paint stabilization, and re-painting of the Skyline Field
Office Shop Buildings at Skyline Ridge Open Space Preserve located at San Mateo County, State of California, was
completed on the 26th day of May, 2004.
That the title of said District to the real property upon which said work and contract was performed is that of fee title.
That the address of said Midpeninsula Regional Open Space District is 330 Distel Circle, Los Altos, CA 94022.
That the site address of said work is as follows: 21150 Skyline Boulevard, La Honda, CA, APN# 080-301-010.
BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
L. Craig Britton
General Manager
Dated
Signed in Los Altos, California
Claims No 04-08
Meeting 04-12
Date 05/26/04
Revised
Midpeninsula Regional Open Space District
# Amount Name Description
10930 $411.36 A Royal Wolf Portable Storage Storage Rental Units-FFO&SFO
10931 $350.00 Aaron's Septic Tank Service Sanitation Services
10932 $700.00 * Aaron's Septic Tank Service Sanitation Services
10933 $137.50 * Able Underground Construction Repair-Stevens Canyon Septic System
10934 $293.38 Accents&Artech Lamination Supplies
10935 $213.30 Ace Fire Equipment&SVC CO. Fire Extinguisher Servicing
10936 $1,016.52 Acme&Sons Sanitation Sanitation Services
10937 $358.26 * Acme&Sons Sanitation Sanitation Services
10938 $156.78 * ADT Security Services Burglar Alarm Service
10939 $84.00 All Laser Service Printer Service
10940 $74.80 Allen's Press Clipping Bureau Media Clips
10941 $1,250.88 Allied Auto Works Vehicle Service and Repair
10942 $2,004.16 Allied Auto Works Vehicle Service and Repair
10943 $2,081.60 #1 Alonzo Printing Co.,Inc. Mailing Services
10944 $28.80 American Red Cross Emergency Response Training
10945 $520.00 * American Tower Corporation Radio Repeater-Coyote Peak
10946 $63.33 Anderson Engraving Graphic Design&Engraving
10947 $318.34 * AT&T Wireless Cellular Phone Service
10948 $394.61 * Avaya,Inc. Monthly Telephone Service Agreement
10949 $35.00 Bankosh,Michael Reimbursement-Uniform Expense
10950 $104.30 Barron Park Supply Co.,Inc. Plumbing Supply
10951 $909.01 Big Creek Lumber Fencing Materials
10952 $2,662.76 * Big Creek Lumber Fencing Material&Lumber
10953 $208.00 Bill's Towing&Recovery Tow Truck Fees
10954 $62.64 * Board of Equilization Fuel Tax for Diesel
10955 $160.97 Brim Tractor Company,Inc. Tractor Accessories
10956 $122.49 Browning-Ferris Industries Garbage Service
10957 $154.00 #2 CA Dept.of Fish and Game Streambed Alteration Permit-ECDM Creek
10958 $66.41 * Cabela's Promotions,Inc. Field Supplies
10959 $199.00 California Regulatory Reporter Subscription
10960 $178.07 California Reprographics Printing Services-Poster for Autumn Festival
10961 $223.61 California Water Service Company Water Service
10962 $114.39 * California Water Service Company Water Service
10963 $1,738.00 Camino Medical Group Medical Services
10964 $23,650.35 Cascade Fire Equipment Company Field Supplies-Wild Fire Fighting Pumper Units
10965 $180.00 Chris Lay&Elizabeth Andrews Honorarium for Docent Training
10966 $65.00 Chris Macintosh Honorarium for Docent Training
10967 $1,314.60 City of Los Altos Annual Sewer Service
10968 $110.00 * City of Palo Alto Utilities Utility Fee-Montebello Road
10969 $51.51 Cole Supply Co.,Inc. Janitorial Supplies
10970 $135.85 * Continuing Education of the Bar Legal Books
10971 $363.12 * Costco Supplies
10972 $905.00 Cotton,Shires&Assoc.,Inc. Consulting Services-Erosion Control-McCarthy
Easement
10973 $612.70 Cube Solutions Field Supplies
10974 $4.21 Cupertino Bike Shop Bicycle Supplies
10975 $50.00 Daane,Jack Honorarium for Docent Training
10976 $50.00 Debbi Brusco Honorarium for Docent Training
Page t of 5
x
Claims No 04-08
Meeting 04-12
Date 05/26/04
Revised
Midpeninsula Regional Open Space District
# Amount Name Description
10977 $710.09 Dell Account Computer Supplies-Monitor
10978 $34.00 * Department of Motor Vehicle DMV Class A Renewal-C.Beckman
10979 $6,780.00 Department of Water Resources Ricky Dam Permit
10980 $35,957.73 Diamond Painting Company KK Painting Services-Skyline Field Office
10981 $8,187.00 * E.D.D. Unemployment Insurance
10982 $4,302.00 Economics Research Associates Consulting Services-Coastal Annexation Fiscal Studies
10983 $35.00 Emergency Vehicle Systems Equipment Repairs
10984 $250.60 * Federal Express Express Mailing
10985 $50,967.01 Fenton Communications Communications&Public Affair Services
10986 $3,256.13 #3 First Bankcard 1744.38-Training&Conf.Exp
3.93-Computer Equipment
79.96-Internet Services
321.21-Event Supplies
727.79-Field Equip.Supp.&Uniform Exp.
54.25-Subs.&Books
324.61-Local Business Meetings
10987 $69.61 Forestry Supplies,Inc. Field Supplies
10988 $184.48 Foster Brothers Lock&Key Services
10989 $209.37 G&K Service Shop Towel Service
10990 $668.76 Gardenland Power Equipment Field Supplies&Equipment
10991 $250.00 Geoline Positioning Systems,Inc. GAS Unit Repair&Maintenance
10992 $137.57 Goodco Press,Inc. Printing Services-Time Card
10993 $580.00 * Green Valley Disposal Co. Garbage Services
10994 $183.44 Green Waste Recovery,Inc. Garbage Services
10995 $926.62 Hertz Equipment Rental Equipment Rental
10996 $1,008.00 Hexagon Transportation Cons.,Inc. Consulting Services-Coastal Annexation EIR
10997 $737.55 * Home Depot,Inc. Field Supplies&Equipment
10998 $84,123.18 HRB Construction,Inc. Engineering Services-Foothills Shop Building
10999 $933.28 Hyster Sales Company Bobcat Equipment Parts
11000 $387.54 Indoff Incorporated Furniture-Mobile File Cabinets
11001 $900.00 International Training Resources Defensive Tactics Refresher-All Rangers
11002 $135.00 Jim Davis Auto Vehicle Smog Tests
11003 $59.90 Jobs Available,Inc. Subscription Renewal
11004 $500.00 Josh Friedman Employee Event Recognition-Music
11005 $97.57 Jurich,Michael Reimbursement-Supervisor Training
11006 $100.00 Justin Holl Honorarium for Docent Training
11007 $166.71 Keeble&Shuchat Photography Photo Processing-Achistaca Invitations
11008 $220.84 Kinko's Printing Services
11009 $44.24 Kwik Key Lock&Safe Co.Inc. Key Services
11010 $64.70 Lab Safety Supply Field Supplies
11011 $75.45 Langley Hill Quarry Trail Restoration Material
11012 $191.00 League of California Cities Subscription
11013 $52.55 Life Assist First Aid Supplies
11014 $522.37 * Los Altos Garbage Co. Refuse Services
11015 $469.00 Los Altos Garbage Co. Refuse Services
11016 $3,391.50 Macias,Gini&Company Auditor Services
11017 $4,650.00 Management Partners,Inc. Management Audit Services
11018 $80.00 Mark Hylkema Honorarium for Docent Training
11019 $6.10 MCI Long Distance Telephone Service
Page 2 of 5
Claims No 04-08
Meeting 04-12
Date 05/26/04
Revised
Midpeninsula Regional Open Space District j
# Amount Name Description
11020 $119.92 MegaPath Networks Internet Connection-DSL Line-SFO
11021 $1,037.18 MetroMobile Communications Radio Repairs&Maintenance
11022 $36.33 Minton's Lumber&Supply Field Supply
11023 $71.34 Mountain View Garden Center Fill Sand-Rancho San Antonio
11024 $80.00 * Northern Energy,Inc. Propane Service
11025 $346.81 Northern Tool&Equipment Co. Vehicle Supply
11026 $1,090.95 * Office Depot Office Supplies
11027 $4,404.00 #4 Old Republic Title Company Escrow Deposit
11028 $33.88 Orchard Supply Hardware Field Equipment&Supplies
11029 $156.51 Pacific Water Systems Water Supplies-Enterprise Rental&Field Office
11030 $2,156.25 Panko Architects Architectural Service-FRO Shop Facility
11031 $50.00 Paul Billig Honorarium for Docent Training
11032 $79.72 Peninsula Digital Imaging Boards-LAFCO Public Hearing
11033 $204.49 Peninsula Open Space Trust Reimb:Hunt Property Taxes
11034 $896.39 Petty Cash Conference&Training Expense,Office&Field Supplies,
11035 $5.68 PhotoTime Thank You Cards
11036 $145.00 Pillstrom Tongs Company Field Supplies-Snake Tongs
11037 $763.32 Pine Cone Lumber Lumber
11038 $342.35 Pringle Tractor Co. Tractor Supplies
11039 $4,873.50 Pursel Quality Paints Painting Services-SFO
11040 $229.11 R.E.Borrmann's Steel Co.,Inc. Welding Supplies
11041 $199.08 * R.V.Cloud Plumbing Supplies
11042 $124.00 R.N.F.,Inc. Calibrated&Recertified Radar System
11043 $39.02 Rayne Water Conditioning Water Conditioner Service
11044 $179.26 Redwood General Tire Co.,Inc. Tire Repair&Tires
11045 $226.78 Reed&Graham,Inc. Rice Straw Bales for Trail Restoration
11046 $387.58 Regal Dodge Truck Repair
11047 $500.00 #5 Regional Water Quality Control Water Quality Certification Fee
11048 $31.66 Reneau,Frances Reimbursement-Uniform Expense
11049 $375.00 Rice Trucking-Soil Farm Delivery Services
11050 $100.00 Rich&Toni Gooch Honorarium for Docent Training
11051 $80.00 Rick Hopkins Honorarium for Docent Training
11052 $206.37 Roessler,Cindy Reimbursement-Society for Ecological Restoration Conf.
11053 $13.87 Royal Brass Inc. Field Supply
11054 $6,363.04 Roy's Repair Service Vehicle Repairs&Service
11055 $159.07 Safety Kleen Oil Recycling&Solvent Tank Service
11056 $65.00 Sam Berry Honorarium for Docent Training
11057 $755.14 " San Jose Water Company Water Service
11058 $20.00 San Mateo Co.Public Health Lab. Tick Testing
11059 $90.91 #6 Sanguinetti,David Reimbursement-Agricultural Land Training
11060 $1,202.00 Santa Clara County-Dept.of Env. Permit-Hazardous Material Storage
Health
11061 $1,501.66 SBC Payment Center Telephone Service
11062 $267.61 * SBC Payment Center Telephone Service
11063 $28.49 Schectman,Sue Reimbursement-League of California Cities Conf.
11064 $26.85 Sears Field Supplies
11065 $380.56 Serendipity Land Yachts,Ltd Achistaca Trail Dedication Tour
11066 $451.07 * Shell Credit Card Center Fuel
Page 3 of 5
�
�
� |
|
�
�
�
� Claims No 04-08 �
�
� yWmmUn0 04-12
Dote 05/26/04 �
�
R �
evs�d
� Midpeninsula Regional Open Space District �
# Amount Name Description
11007 %493.88 Sherwin Williams Paint&Supplies'Skyline Field Office �
11068 $20.173.50 Shute,Mihaly&Weinborge/LLP Litigation:Half Moon Bay Cooutsidu Foundation vmMROSD �
11069 $1.020.00 Stanley Reynolds Painting Consulting Services-Lead Paint Removal'SFO
11070 $186.87 Summit Uniforms Uniform Expense �
11071 $1.429.66 TadonSupp|y Janitorial Supplies |
�
� 11073 $77.57 The Bicycle Outfitter Bicycle Tools&Parts �
11073 *1,210.80 Tires on the Gn Tires&Tire Repairs
11074 $165.83 Tony&mbouPizza Local Business Meeting'Consultants
� 11075 $153.82 Tnmn.Minh Reimbursement'Computer Supplies !
� 11076 $6.139.94 Trimble Navigation GPSVnit |
11077 $41513 Turf&Industrial Equipment Co. Vehicle Supplies �
11078 $12.40 United Parcel Service Parcel Shipping |
� 11079 $1116 ~ United Parcel Service Parcel Shipping |
|
�
11080 $530.43 ~ United Rentals Highway Tech. Signs '
11081 $1,203.32 United Rentals Northwest,Inc. Equipment Rental
11082 o1.395.00 United Soil Engineering,Inc. FFO Shop Bldg-Consulting Geologic Services
11083 $38.49 Vehzvn Pager Service
11084 $850.84 Vortex Industries,Inc. Repair-Admin.Office Front Door
1108e *550.00 vv.J.Sono»Emu/pnmnn Install New Mail Box'SrO
11086 *2.267.23 West Coast Aggregates,Inc. Base Rock for Skyline Ridge Road
11087 $700.*2 West Group On-Line Legal Services
11088 $88.00 West Valley-Mission College Registration Fee'VW|d|and Fire Training'J.Lloyd
11089 $586.00 Wickom.Bism Reimbursement'RotoRooter
11090 $79.50 Wild Fire Fire Fighting Supplies �
�
11091 $107.63 Williams,Mike Rohnbwmamon -}F0wAMembership �
11092 $250.00 Woodside&Pumola Private Patrol Patrol Services'Windy Hill
11093 $146.13 Xpodde Fax Broadcast System Services
11094 *04.03 Yee,Amelia Reimbursement'Local Business Meeting
11095u $394.61 Awoya.|no. Monthly Telephone Service Agreement
11090R $120.29 California Water Service Company Water Service
11087R $5000 CuwntyofSemoC|eno—Fisna| Finger Print Services
� Services �
� 11088R $10,531.85 Dell Account Cvmpute,-Seme &monxors
� 11098R $1,637.50 Divine Catering Catering Services for Family Even
� 11100R $30.08 Downing,Brendan Reimbursement'Uniform Expense
11101 R $10.914.90 First Bunkcand 214O.50-Tiaining&Cnm[.Exp. i
� 414.95-InternetServices
� 1621 36-Field nVvnvExp.
== Supplies
80.85-Looa Business Meeting
529*82-Fymnni &Building Permit �
19813-Offime Supplies
241.50-GarbaoeSemiceo
11102m $8.12 Foster Brothers Keyo&Lvoxu
11103m $314.24 Gmeo Printing Services'Maps
11104n $103.*4 Green Waste Recovery,Inc. Garbage Service
11105w $1'338.88 LFR Levine Fricke Public Access Improvements'pu|ganRidge
11106R $119.82 M*goPoth Newmma moomot Connection'DGL Line FFO
11107R $10.15 Rancho Hardware&Garden Shop Field Supply
Page^m5
Claims No 04-08
Meeting 04-12
Date 05/26/04
Revised
Midpeninsula Regional Open Space District
# Amount Name Description
11108 R $187.23 SBC Telephone Service
11109 R $14,028.46 Shoreline Printing&Graphics,Inc. Printing Services-Brochures&Spring NeWetter
11110R $50.34 Tony&Albas Pizza Local Business Meeting-Staff Training
11111 R $600.00 W.J.Sorich Enterprises Sorich Road Agreement
Total $375,165.66
Urgent Check Issued 5/12/04
#1 Urgent Check Issued 5/06/04
#2 Urgent Check Issued 5/12/04
#3 Urgent Check Issued 5/04/04
#4 Urgent Check Issued 4/29/04
#5 Urgent Check Issued 5/17/04
#6 Urgent Check Issued 4/29/04
Page 5 of 5